[Congressional Record (Bound Edition), Volume 150 (2004), Part 6]
[Senate]
[Pages 7337-7368]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. CLINTON (for herself and Mr. Schumer):
  S. 2334. A bill to designate certain National Forest System land in 
the Commonwealth of Puerto Rico as components of the National 
Wilderness Preservation System; to the Committee on Energy and Natural 
Resources.
  Mrs. CLINTON. Mr. President, I rise to introduce the Caribbean 
National Forest Act of 2004, along with Senator Schumer.
  The Caribbean National Forest Act designates approximately 10,000 
acres of the Caribbean National Forest (CNF) as the El Toro Wilderness. 
The El Toro Wilderness would be the only tropical forest wilderness in 
the U.S. National Forest system.
  The CNF has long been recognized as a special area, worthy of 
protection. The Spanish Crown proclaimed much of the current CNF as a 
forest reserve in 1824. One hundred years ago, President Theodore 
Roosevelt reasserted the protection of the CNF by designating the area 
as a forest reserve.
  Located 25 miles east of San Juan, the CNF is a biologically diverse 
area. Although it is the smallest forest in the national forest system, 
the CNF ranks number one in the number of species of native trees with 
240. In addition, the CNF has 50 varieties of orchids and over 150 
species of ferns. The area is also rich in wildlife with over 100 
species of vertebrates, including the endangered Puerto Rican parrot. 
The only native parrot in Puerto Rico, they numbered nearly one million 
at the time that Columbus set sail for the New World. Today there are 
fewer than 35 of these parrots. The Forest Service, the U.S. Fish and 
Wildlife Service and Puerto Rico's Department of Natural Resources and 
the Environment have initiated a recovery program for the Puerto Rican 
Parrot. Wilderness designation will ensure that the forest home to the 
parrot will remain protected and the ongoing recovery efforts, 
consistent with the Wilderness Act, will continue.
  The CNF also provides valuable water to the people of Puerto Rico. 
The CNF receives over 10 feet of rain each year. As a result, the major 
watersheds in the CNF are able to provide water to over 800,000 
residents. In addition, the CNF provides a variety of recreational 
opportunities to over 700,000 Puerto Ricans and tourists each year. 
Families, friends and school groups come to the forest to hike, bird 
watch, picnic, swim and enjoy the scenic vistas.
  Wilderness designation of the El Toro will protect approximately one 
third of the forest. A companion House bill, H.R. 1723, has been 
introduced by Puerto Rico's Resident Commissioner, Abibel Acevedo Vila. 
During a House hearing on this measure last summer, the U.S. Forest 
Service stated its support for the designation of the El Toro 
Wilderness Area.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2334

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Caribbean National Forest 
     Act of 2004''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Map.--The term ``map'' means the map dated April 13, 
     2004 and entitled ``El Toro Proposed Wilderness Area''.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 3. WILDERNESS DESIGNATION, CARIBBEAN NATIONAL FOREST, 
                   PUERTO RICO.

       (a) El Toro Wilderness.--
       (1) In general.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1113 et seq.), the approximately 
     10,000 acres of land in the Caribbean National Forest/
     Luquillo Experimental Forest in the Commonwealth of Puerto 
     Rico described in the map are designated as wilderness and as 
     a component of the National Wilderness Preservation System.
       (2) Designation.--The land designated in paragraph (1) 
     shall be known as the El Toro Wilderness.
       (3) Wilderness boundaries.--The El Toro Wilderness shall 
     consist of the land described in the map.
       (b) Map and Boundary Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall--
       (A) prepare a boundary description of the El Toro 
     Wilderness; and
       (B) submit the map and the boundary description to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives.
       (2) Public inspection and treatment.--The map and the 
     boundary description prepared under paragraph (1)(A)--
       (A) shall be on file and available for public inspection in 
     the office of the Chief of the Forest Service; and
       (B) shall have the same force and effect as if included in 
     this Act.
       (3) Errors.--The Secretary may correct clerical and 
     typographical errors in the map and the boundary description 
     prepared under paragraph (1)(A).
       (c) Administration.--
       (1) In general.--Subject to valid existing rights, the 
     Secretary shall administer the El Toro Wilderness in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 
     and this Act.
       (2) Effective date of wilderness act.--With respect to the 
     El Toro Wilderness, any reference in the Wilderness Act (16 
     U.S.C. 1131 et seq.) to the effective date of that Act shall 
     be deemed to be a reference to the date of the enactment of 
     this Act.
       (d) Special Management Considerations.--Consistent with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), nothing in this Act 
     precludes the installation and maintenance of hydrologic, 
     meteorological, climatological, or atmospheric data 
     collection and remote transmission facilities, or any 
     combination of those facilities, in any case in which the 
     Secretary determines that the facilities are essential to the 
     scientific research purposes of the Luquillo Experimental 
     Forest.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Kennedy, and Mr. Bingaman):
  S. 2335. A bill to amend part A of title II of the Higher Education 
Act of 1965 to enhance teacher training and teacher preparation 
programs, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. REED. Mr. President, I rise today to introduce the Preparing, 
Recruiting, and Retaining Education Professionals Act of 2004 to ensure 
high quality preparation, induction, and professional development 
programs for

[[Page 7338]]

teachers, early childhood education providers, principals and 
administrators in order to improve learning and achievement for all 
students.
  As Congress turns to the reauthorization of the Higher Education Act, 
we need to increase support for prospective, new, and experienced 
educators in early childhood education programs, elementary schools, 
and secondary schools.
  My legislation challenges teacher preparation programs to make 
improving student achievement the engine that drives all activities, 
training, and support for teachers. The goal here is not to be punitive 
but to put students and their achievement first.
  We know that strong teaching skills make a difference. Studies have 
shown that students who attend classes taught by high-quality teachers 
perform significantly better on assessments. The No Child Left Behind 
Act requires that all teachers be highly qualified. To be so deemed, in 
general, a teacher must hold a bachelor's degree, be fully certified by 
a State, and demonstrate content knowledge of the subjects taught by 
the 2005-2006 school year. New teachers must meet this standard now. 
Yet, according to the U.S. Department of Education, only 54 percent of 
our Nation's secondary school teachers were highly qualified during the 
1999-2000 school year. The percentage of highly qualified teachers 
varies widely by State and by subject matter. For example, a 2003 
survey by the Council of Chief State School Officers found that only my 
home State of Rhode Island, Nebraska, New Jersey, North Dakota, and 
Minnesota have more than 80 percent of their math teachers with college 
majors in math and full certification. Seven States report having more 
than 10 percent of their teachers on waivers; that is, teaching with 
emergency, temporary, or provisional licenses.
  The Preparing, Recruiting, and Retaining Education Professionals Act 
modifies and strengthens the current State, partnership, and 
recruitment grants contained within title II of the Higher Education 
Act to focus on improving teaching skills of prospective, new, and 
experienced teachers and early childhood education providers as well as 
improving the capacity of principals to provide instructional 
leadership and classroom support for teachers.
  My legislation ensures States hold institutions of higher education 
and entities that provide alternative routes to State certification 
equally accountable for preparing highly qualified teachers and highly 
competent early childhood education providers via reforms to ensure 
preparation program effectiveness. The goal is to provide teachers and 
early childhood education providers the scientific knowledge of 
teaching skills needed to understand and respond effectively to diverse 
student populations, including students with disabilities, limited-
English proficient students, and students with different learning 
styles or other special learning needs; the ability to integrate 
technology into the classroom; strategies to effectively use 
assessments to improve instructional practices and curriculum; and an 
understanding of how to communicate with and involve parents in their 
children's education.
  The Higher Education Act's existing partnership grants are 
strengthened by improving the effectiveness of the teaching skills and 
learning practices taught through inclusion of academic departments 
such as psychology, human development, or one with comparable expertise 
in the disciplines of teaching, learning, and child and adolescent 
development. Partnerships are expanded to include pre-service clinical, 
field, or practicum components whereby the prospective teachers receive 
close supervision and mentoring. A residency program would be created 
to provide ongoing training support during new teachers' first 3 years. 
Professional development opportunities would have to be provided for 
experienced teachers to encourage continual retraining to further their 
skills. Managerial skill development is also included to improve the 
capacity of principals to provide instructional leadership and 
classroom support for teachers.
  The time for action is now because too few of the teachers that we 
have prepared choose to enter the schools and stay. According to the 
National Commission on Teaching and America's Future, after 3 years, 33 
percent of beginning teachers have left teaching and after 5 years, 46 
percent have left. Not surprisingly, the turnover rate in high poverty 
schools is approximately one-third higher than the rate for all 
teachers. During the 1999-2000 school year, 232,000 new teachers were 
hired, but schools lost more than 287,000--a net loss of 24 percent. 
Teacher attrition undermines teacher quality and drives teacher 
shortages. Investing in the preparation of our educators and their 
continued professional development is critical for addressing these 
needs which, in turn, will improve outcomes and results for all 
children.
  One of the primary reasons for such high attrition, according to the 
Commission, is the lack of support once a teacher is hired. 
Approximately one-third of those teachers who expressed dissatisfaction 
cited poor administrative support, a lack of faculty influence and 
inadequate planning and collaboration time. By providing mentoring and 
support during the pre-service experiences, the early years of 
teaching, and through ongoing professional development opportunities 
for experienced teachers, we can substantially reduce the terrible 
turnover rates that our Nation experiences.
  There are also extensive teaching vacancies in schools nationwide. 
The General Accounting Office has found that 23 of 37 State officials 
reported teacher shortages in high-need subject areas such as 
mathematics, science, bilingual education and special education.
  My legislation focuses recruitment activities where high teacher 
turnover and shortages exist, where there is great difficulty meeting 
academic standards, or where there is great difficulty demonstrating 
that teachers are highly qualified. The grants also allow funds for 
outreach to encourage recruitment in inner city and rural areas.
  The State, partnership, and recruitment grants are currently funded 
at only $90 million a year--far too little of an investment for this 
critical enterprise. The stakes are too high, not just in terms of 
meeting the highly qualified requirements of No Child Left Behind, but 
for real kids in real classrooms. My bill significantly boosts this 
funding, authorizing $500 million for these vital programs.
  The PRREP Act is supported by a diverse array of education 
organizations, including the American Association of Colleges for 
Teacher Education, American Psychological Association, Center for Civic 
Education, Council for Exceptional Children, Higher Education 
Consortium for Special Education, National Association of Elementary 
School Principals, National Association of Secondary School Principals, 
National Association of State Directors of Special Education, National 
Association for the Education of Young Children, National Council of 
Teachers of English, National Council of Teachers of Mathematics, 
National Science Teachers Association, and National PTA.
  I urge my colleagues to join me in this essential endeavor by 
cosponsoring this legislation and working for its inclusion in the 
reauthorization of the Higher Education Act.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  Additionally, I am pleased to be joining Senator Bingaman, who is 
introducing the CLASS Act. This legislation shares the PRREP Act's 
spirit of improving teacher preparation and therefore, student 
achievement. In addition to encouraging the development of data systems 
to measure teacher quality, the CLASS Act authorizes pilot studies to 
evaluate the impact of teacher preparation programs on student 
achievement and to identify the specific practices that result in 
achievement gains. The legislation also seeks to improve minority 
teacher recruitment and retention.
  The PRREP Act, Senator Bingaman's bill, and the bill we joined 
Senator Kennedy in introducing last year--S.

[[Page 7339]]

1793, the College Quality, Affordability, and Diversity Improvement 
Act--will all go a long way toward ensuring the high quality 
preparation, induction, and professional development that our Nation's 
educators--and students--deserve.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2335

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preparing, Recruiting, and 
     Retaining Education Professionals Act of 2004''.

     SEC. 2. PURPOSES; DEFINITIONS.

       Section 201 of the Higher Education Act of 1965 (20 U.S.C. 
     1021) is amended to read as follows:

     ``SEC. 201. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are to--
       ``(1) improve student achievement;
       ``(2) improve the quality of the current and future 
     teaching force by improving the preparation of prospective 
     teachers and enhancing ongoing professional development 
     activities;
       ``(3) encourage partnerships among institutions of higher 
     education, early childhood education programs, elementary 
     schools or secondary schools, local educational agencies, 
     State educational agencies, teacher organizations, and 
     nonprofit educational organizations;
       ``(4) hold institutions of higher education and all other 
     teacher preparation programs (including programs that provide 
     alternative routes to teacher preparation) accountable in an 
     equivalent manner for preparing--
       ``(A) teachers who have strong teaching skills, are highly 
     qualified, and are trained in the effective uses of 
     technology in the classroom; and
       ``(B) early childhood education providers who are highly 
     competent;
       ``(5) recruit and retain qualified individuals, including 
     individuals from other occupations, into the teaching force 
     for early childhood education programs or in elementary 
     schools or secondary schools;
       ``(6) improve the recruitment, retention, and capacities of 
     principals to provide instructional leadership and to support 
     teachers in maintaining safe and effective learning 
     environments;
       ``(7) expand the use of research to improve teaching and 
     learning by teachers, early childhood education providers, 
     principals, and faculty; and
       ``(8) enhance the ability of teachers, early childhood 
     education providers, principals, administrators, and faculty 
     to communicate, work with, and involve parents in ways that 
     improve student achievement.
       ``(b) Definitions.--In this part:
       ``(1) Arts and sciences.--The term `arts and sciences' 
     means--
       ``(A) when referring to an organizational unit of an 
     institution of higher education, any academic unit that 
     offers 1 or more academic majors in disciplines or content 
     areas corresponding to the academic subject matter areas in 
     which teachers provide instruction; and
       ``(B) when referring to a specific academic subject matter 
     area, the disciplines or content areas in which academic 
     majors are offered by the arts and science organizational 
     unit.
       ``(2) Early childhood education program.--The term `early 
     childhood education program' means a family child care 
     program, center-based child care program, prekindergarten 
     program, school program, or other out-of-home child care 
     program that is licensed or regulated by the State serving 2 
     or more unrelated children from birth until school entry, or 
     a Head Start program carried out under the Head Start Act or 
     an Early Head Start program carried out under section 645A of 
     that Act.
       ``(3) Exemplary teacher.--The term `exemplary teacher' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       ``(4) Faculty.--
       ``(A) In general.--The term `faculty' means individuals in 
     institutions of higher education who are responsible for 
     preparing teachers.
       ``(B) Inclusions.--The term `faculty' includes professors 
     of education and professors in academic disciplines such as 
     the arts and sciences, psychology, and human development.
       ``(5) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency that serves an early childhood education program, 
     elementary school, or secondary school located in an area in 
     which--
       ``(A)(i) 15 percent or more of the students served by the 
     agency are from families with incomes below the poverty line;
       ``(ii) there are more than 5,000 students served by the 
     agency from families with incomes below the poverty line; or
       ``(iii) there are less than 600 students in average daily 
     attendance in all the schools that are served by the agency 
     and all of whose schools are designated with a school locale 
     code of 7 or 8, as determined by the Secretary; and
       ``(B)(i) there is a high percentage of teachers who are not 
     highly qualified; or
       ``(ii) there is a chronic shortage, or high turnover rate, 
     of highly qualified teachers.
       ``(6) High-need school.--The term `high-need school' means 
     an early childhood education program, public elementary 
     school, or public secondary school--
       ``(A)(i) in which there is a high concentration of students 
     from families with incomes below the poverty line; or
       ``(ii) that, in the case of a public elementary school or 
     public secondary school, is identified as in need of school 
     improvement or corrective action pursuant to section 1116 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316); and
       ``(B) in which there exists--
       ``(i) in the case of a public elementary school or public 
     secondary school, a persistent and chronic shortage, or high 
     turnover rate, of highly qualified teachers; and
       ``(ii) in the case of an early childhood education program, 
     a persistent and chronic shortage of early childhood 
     education providers who are highly competent.
       ``(7) Highly competent.--The term `highly competent' when 
     used with respect to an early childhood education provider 
     means a provider--
       ``(A) with specialized education and training in 
     development and education of young children from birth until 
     entry into kindergarten;
       ``(B) with--
       ``(i) a baccalaureate degree in an academic major in the 
     arts and sciences; or
       ``(ii) an associate's degree in a related educational area; 
     and
       ``(C) who has demonstrated a high level of knowledge and 
     use of content and pedagogy in the relevant areas associated 
     with quality early childhood education.
       ``(8) Highly qualified.--The term `highly qualified' has 
     the meaning given the term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       ``(9) Mentoring.--The term `mentoring' means a process by 
     which a teacher mentor who is an exemplary teacher, either 
     alone or in a team with faculty, provides active support for 
     prospective teachers and new teachers through a system for 
     integrating evidence-based practice, including rigorous, 
     supervised training in high-quality teaching settings. Such 
     support includes activities specifically designed to 
     promote--
       ``(A) knowledge of the scientific research on, and 
     assessment of, teaching and learning;
       ``(B) development of teaching skills and skills in 
     evidence-based educational interventions;
       ``(C) development of classroom management skills;
       ``(D) a positive role model relationship where academic 
     assistance and exposure to new experiences is provided; and
       ``(E) ongoing supervision and communication regarding the 
     prospective teacher's development of teaching skills and 
     continued support for the new teacher by the mentor, other 
     teachers, principals, and administrators.
       ``(10) Parent.--The term `parent' has the meaning given the 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965.
       ``(11) Parental involvement.--The term `parental 
     involvement' has the meaning given the term in section 9101 
     of the Elementary and Secondary Education Act of 1965.
       ``(12) Poverty line.--The term `poverty line' means the 
     poverty line (as defined by the Office of Management and 
     Budget, and revised annually in accordance with section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2))) applicable to a family of the size involved.
       ``(13) Professional development.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `professional development' has the meaning given the 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965.
       ``(B) Early childhood education providers.--The term 
     `professional development' when used with respect to an early 
     childhood education provider means knowledge and skills in 
     all domains of child development (including cognitive, 
     social, emotional, physical, and approaches to learning) and 
     pedagogy of children from birth until entry into 
     kindergarten.
       ``(14) Teaching skills.--The term `teaching skills' means 
     skills--
       ``(A) grounded in the disciplines of teaching and learning 
     that teachers use to create effective instruction in subject 
     matter content and that lead to student achievement and the 
     ability to apply knowledge; and
       ``(B) that require an understanding of the learning process 
     itself, including an understanding of--
       ``(i) the use of teaching strategies specific to the 
     subject matter;
       ``(ii) the application of ongoing assessment of student 
     learning, particularly for evaluating instructional practices 
     and curriculum;
       ``(iii) ensuring successful learning for students with 
     individual differences in ability and instructional needs;
       ``(iv) effective classroom management; and
       ``(v) effective ways to communicate, work with, and involve 
     parents in their children's education.''.

[[Page 7340]]



     SEC. 3. STATE GRANTS.

       Section 202 of the Higher Education Act of 1965 (20 U.S.C. 
     1022) is amended to read as follows:

     ``SEC. 202. STATE GRANTS.

       ``(a) In General.--From amounts made available under 
     section 211(1) for a fiscal year, the Secretary is authorized 
     to award grants under this section, on a competitive basis, 
     to eligible States to enable the eligible States to carry out 
     the activities described in subsection (d).
       ``(b) Eligible State.--
       ``(1) Definition.--In this part, the term `eligible State' 
     means--
       ``(A) a State educational agency; or
       ``(B) an entity or agency in the State responsible for 
     teacher certification and preparation activities.
       ``(2) Consultation.--The eligible State shall consult with 
     the Governor, State board of education, State educational 
     agency, State agency for higher education, State agency with 
     responsibility for child care, prekindergarten, or other 
     early childhood education programs, and other State entities 
     that provide professional development and teacher preparation 
     for teachers, as appropriate, with respect to the activities 
     assisted under this section.
       ``(3) Construction.--Nothing in this subsection shall be 
     construed to negate or supersede the legal authority under 
     State law of any State agency, State entity, or State public 
     official over programs that are under the jurisdiction of the 
     agency, entity, or official.
       ``(c) Application.--To be eligible to receive a grant under 
     this section, an eligible State shall, at the time of the 
     initial grant application, submit an application to the 
     Secretary that--
       ``(1) meets the requirement of this section and other 
     relevant requirements for States under this title;
       ``(2) describes how the eligible State intends to use funds 
     provided under this section in accordance with State-
     identified needs;
       ``(3) describes the eligible State's plan for continuing 
     the activities carried out with the grant once Federal 
     funding ceases;
       ``(4) describes how the eligible State will coordinate 
     activities authorized under this section with other Federal, 
     State, and local personnel preparation and professional 
     development programs; and
       ``(5) contains such other information and assurances as the 
     Secretary may require.
       ``(d) Uses of Funds.--An eligible State that receives a 
     grant under this section shall use the grant funds to reform 
     teacher preparation requirements, and to ensure that current 
     and future teachers are highly qualified and possess strong 
     teaching skills and knowledge to assess student academic 
     achievement, by carrying out 1 or more of the following 
     activities:
       ``(1) Reforms.--Implementing reforms that hold institutions 
     of higher education with teacher preparation programs 
     accountable for, and assist such programs in, preparing 
     teachers who are highly qualified or early childhood 
     education providers who are highly competent. Such reforms 
     shall include--
       ``(A) State program approval requirements regarding 
     curriculum changes by teacher preparation programs that 
     improve teaching skills based on scientific knowledge--
       ``(i) about the disciplines of teaching and learning; and
       ``(ii) about understanding and responding effectively to 
     students with special needs;
       ``(B) State program approval requirements for teacher 
     preparation programs to have in place mechanisms to measure 
     and assess the effectiveness and impact of teacher 
     preparation programs, including on student achievement;
       ``(C) assurances from institutions that such institutions 
     have a program in place that provides a year-long clinical 
     experience for prospective teachers; and
       ``(D) collecting and using data, in collaboration with 
     institutions of higher education, schools, and local 
     educational agencies, on teacher retention rates, by school, 
     to evaluate and strengthen the effectiveness of the State's 
     teacher support system.
       ``(2) Certification or licensure requirements.--Ensuring 
     the State's teacher certification or licensure requirements 
     are rigorous so that teachers have strong teaching skills and 
     are highly qualified.
       ``(3) Alternative routes to state certification.--Carrying 
     out programs that provide prospective teachers with high-
     quality alternative routes to traditional preparation for 
     teaching and to State certification for well-prepared and 
     qualified prospective teachers, including--
       ``(A) programs at schools or departments of arts and 
     sciences, schools or departments of education within 
     institutions of higher education, or at nonprofit educational 
     organizations with expertise in producing highly qualified 
     teachers that include instruction in teaching skills;
       ``(B) a selective means for admitting individuals into such 
     programs;
       ``(C) providing intensive support during the initial 
     teaching experience, including mentoring;
       ``(D) establishing, expanding, or improving alternative 
     routes to State certification of teachers for qualified 
     individuals, including mid-career professionals from other 
     occupations, paraprofessionals, former military personnel and 
     recent college graduates with records of academic 
     distinction, that have a proven record of effectiveness and 
     that ensure that current and future teachers possess strong 
     teaching skills and are highly qualified; and
       ``(E) providing support in the disciplines of teaching and 
     learning to ensure that prospective teachers have an 
     understanding of evidence-based learning practices and 
     possess strong teaching skills.
       ``(4) State certification reciprocity.--Establishing and 
     promoting reciprocity of certification or licensing between 
     or among States for general and special education teachers 
     and principals, except that no reciprocity agreement 
     developed pursuant to this paragraph or developed using funds 
     provided under this part may lead to the weakening of any 
     State certification or licensing requirement that is shown 
     through evidence-based research to ensure teacher and 
     principal quality and student achievement.
       ``(5) Recruitment and retention.--Developing and 
     implementing effective mechanisms to ensure that local 
     educational agencies and schools are able to effectively 
     recruit and retain highly qualified teachers, highly 
     competent early childhood education providers, and 
     principals, and provide access to ongoing professional 
     development opportunities for teachers, early childhood 
     education providers, and principals, including activities 
     described in subsections (d) and (e) of section 204.
       ``(6) Social promotion.--Development and implementation of 
     efforts to address the problem of social promotion and to 
     prepare teachers, principals, administrators, and parents to 
     effectively address the issues raised by ending the practice 
     of social promotion.''.

     SEC. 4. PARTNERSHIP GRANTS.

       Section 203 of the Higher Education Act of 1965 (20 U.S.C. 
     1023) is amended to read as follows:

     ``SEC. 203. PARTNERSHIP GRANTS.

       ``(a) Grants.--From amounts made available under section 
     211(2) for a fiscal year, the Secretary is authorized to 
     award grants under this section, on a competitive basis, to 
     eligible partnerships to enable the eligible partnerships to 
     carry out the activities described in subsections (d) and 
     (e).
       ``(b) Definitions.--
       ``(1) Eligible partnership.--In this part, the term 
     `eligible partnership' means an entity that--
       ``(A) shall include--
       ``(i) a partner institution;
       ``(ii) a school or department of arts and sciences within 
     the partner institution under clause (i);
       ``(iii) a school or department of education within the 
     partner institution under clause (i);
       ``(iv)(I) a department of psychology within the partner 
     institution under clause (i);
       ``(II) a department of human development within the partner 
     institution under clause (i); or
       ``(III) a department with comparable expertise in the 
     disciplines of teaching, learning, and child and adolescent 
     development within the partner institution under clause (i);
       ``(v) a high-need local educational agency; and
       ``(vi)(I) a high-need school served by the high-need local 
     educational agency under clause (v); or
       ``(II) a consortium of schools of the high-need local 
     educational agency under clause (v); and
       ``(B) may include a Governor, State educational agency, the 
     State board of education, the State agency for higher 
     education, an institution of higher education not described 
     in subparagraph (A) (including a community college), a public 
     charter school, other public elementary school or secondary 
     school, a combination or network of urban, suburban, or rural 
     schools, a public or private nonprofit educational 
     organization, a business, a teacher organization, or an early 
     childhood education program.
       ``(2) Partner institution.--In this section, the term 
     `partner institution' means a private independent or State-
     supported public institution of higher education, or a 
     consortium of such institutions, that has not been designated 
     under section 208(a) and the teacher preparation program of 
     which demonstrates that--
       ``(A) graduates from the teacher preparation program who 
     intend to enter the field of teaching exhibit strong 
     performance on State-determined qualifying assessments and 
     are highly qualified; or
       ``(B) the teacher preparation program requires all the 
     students of the program to participate in intensive clinical 
     experience, to meet high academic standards, to possess 
     strong teaching skills, and--
       ``(i) in the case of prospective elementary school and 
     secondary school teachers, to become highly qualified; and
       ``(ii) in the case of prospective early childhood education 
     providers, to become highly competent.
       ``(c) Application.--Each eligible partnership desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall--

[[Page 7341]]

       ``(1) contain a needs assessment of all the partners with 
     respect to the preparation, ongoing training, and 
     professional development of early childhood education 
     providers, general and special education teachers, and 
     principals, the extent to which the program prepares new 
     teachers with strong teaching skills, a description of how 
     the partnership will coordinate strategies and activities 
     with other teacher preparation or professional development 
     programs, and how the activities of the partnership will be 
     consistent with State, local, and other education reform 
     activities that promote student achievement and parental 
     involvement;
       ``(2) contain a resource assessment that describes the 
     resources available to the partnership, including the 
     integration of funds from other related sources, the intended 
     use of the grant funds, including a description of how the 
     grant funds will be fairly distributed in accordance with 
     subsection (f), and the commitment of the resources of the 
     partnership to the activities assisted under this part, 
     including financial support, faculty participation, time 
     commitments, and continuation of the activities when the 
     grant ends;
       ``(3) contain a description of--
       ``(A) how the partnership will meet the purposes of this 
     part, in accordance with the needs assessment required under 
     paragraph (1);
       ``(B) how the partnership will carry out the activities 
     required under subsection (d) and any permissible activities 
     under subsection (e) based on the needs identified in 
     paragraph (1) with the goal of improving student achievement;
       ``(C) the partnership's evaluation plan pursuant to section 
     206(b);
       ``(D) how faculty at the partner institution will work 
     with, over the term of the grant, principals and teachers in 
     the classrooms of the high-need local educational agency 
     included in the partnership;
       ``(E) how the partnership will enhance the instructional 
     leadership and management skills of principals and provide 
     effective support for principals, including new principals;
       ``(F) how the partnership will design, implement, or 
     enhance a year-long, rigorous, and enriching preservice 
     clinical program component;
       ``(G) the in-service professional development strategies 
     and activities to be supported; and
       ``(H) how the partnership will collect, analyze, and use 
     data on the retention of all teachers, early childhood 
     education providers, or principals in schools located in the 
     geographic areas served by the partnership to evaluate the 
     effectiveness of its educator support system;
       ``(4) contain a certification from the partnership that it 
     has reviewed the application and determined that the grant 
     proposed will comply with subsection (f);
       ``(5) include, for the residency program described in 
     subsection (d)(3)--
       ``(A) a demonstration that the schools and departments 
     within the institution of higher education that are part of 
     the residency program have relevant and essential roles in 
     the effective preparation of teachers, including content 
     expertise and expertise in the science of teaching and 
     learning;
       ``(B) a demonstration of capability and commitment to 
     evidence-based teaching and accessibility to, and involvement 
     of, faculty documented by professional development offered to 
     staff and documented experience with university 
     collaborations;
       ``(C) a description of how the residency program will 
     design and implement an induction period to support all new 
     teachers through the first 3 years of teaching in the further 
     development of their teaching skills, including use of 
     mentors who are trained and compensated by such program for 
     their work with new teachers; and
       ``(D) a description of how faculty involved in the 
     residency program will be able to substantially participate 
     in an early childhood education program or an elementary or 
     secondary classroom setting, including release time and 
     receiving workload credit for their participation; and
       ``(6) include an assurance that the partnership has 
     mechanisms in place to measure and assess the effectiveness 
     and impact of the activities to be undertaken, including on 
     student achievement.
       ``(d) Required Uses of Funds.--An eligible partnership that 
     receives a grant under this section shall use the grant funds 
     to carry out the following activities, as applicable to 
     teachers, early childhood education providers, or principals, 
     in accordance with the needs assessment required under 
     subsection (c)(1):
       ``(1) Reforms.--Implementing reforms within teacher 
     preparation programs, where needed, to hold the programs 
     accountable for preparing teachers who are highly qualified 
     or early childhood education providers who are highly 
     competent and for promoting strong teaching skills, including 
     integrating reliable evidence-based teaching methods into the 
     curriculum, which curriculum shall include parental 
     involvement training and programs designed to successfully 
     integrate technology into teaching and learning. Such reforms 
     shall include--
       ``(A) teacher preparation program curriculum changes that 
     improve, and assess how well all new teachers develop, 
     teaching skills;
       ``(B) use of scientific knowledge about the disciplines of 
     teaching and learning so that all prospective teachers 
     understand evidence-based learning practices and possess 
     teaching skills that enable them to meet the learning needs 
     of all students;
       ``(C) assurances that all teachers have a sufficient base 
     of scientific knowledge to understand and respond effectively 
     to students with special needs, such as providing instruction 
     to diverse student populations, including students with 
     disabilities, limited-English proficient students, and 
     students with different learning styles or other special 
     learning needs;
       ``(D) assurances that the most recent scientifically based 
     research, including research relevant to particular fields of 
     teaching, is incorporated into professional development 
     activities used by faculty; and
       ``(E) working with and involving parents in their 
     children's education to improve the academic achievement of 
     their children and in the teacher preparation program reform 
     process.
       ``(2) Clinical experience and interaction.--Developing and 
     providing sustained and high-quality preservice clinical 
     education programs to further develop the teaching skills of 
     all general education teachers and special education 
     teachers, at schools within the partnership, at the school or 
     department of education within the partner institution, or at 
     evidence-based practice school settings. Such programs 
     shall--
       ``(A) incorporate a year-long, rigorous, and enriching 
     activity or combination of activities, including--
       ``(i) clinical learning opportunities;
       ``(ii) field experiences; and
       ``(iii) supervised practica; and
       ``(B) be offered over the course of a program of 
     preparation and coursework (that may be developed as a 5th 
     year of a teacher preparation program) for prospective 
     general and special education teachers, including the 
     mentoring in instructional skills, classroom management 
     skills, and strategies to effectively assess student progress 
     and achievement, and substantially increasing closely 
     supervised interaction between faculty and new and 
     experienced teachers, principals, and other administrators at 
     early childhood education programs, elementary schools, or 
     secondary schools, and providing support, including 
     preparation time and release time, for such interaction.
       ``(3) Residency programs for new teachers.--Creating a 
     residency program that provides an induction period for all 
     new general education and special education teachers for such 
     teachers' first 3 years. Such program shall promote the 
     integration of the science of teaching and learning in the 
     classroom, provide high-quality mentoring opportunities, 
     provide opportunities for the dissemination of evidence-based 
     research on educational practices, and provide for 
     opportunities to engage in professional development 
     activities offered through professional associations of 
     educators. Such program shall draw directly upon the 
     expertise of teacher mentors, faculty, and researchers that 
     involves their active support in providing a setting for 
     integrating evidence-based practice for prospective teachers, 
     including rigorous, supervised training in high-quality 
     teaching settings that promotes the following:
       ``(A) Knowledge of the scientific research on teaching and 
     learning.
       ``(B) Development of skills in evidence-based educational 
     interventions.
       ``(C) Faculty who model the integration of research and 
     practice in the classroom, and the effective use and 
     integration of technology.
       ``(D) Interdisciplinary collaboration among exemplary 
     teachers, faculty, researchers, and other staff who prepare 
     new teachers on the learning process and the assessment of 
     learning.
       ``(E) A forum for information sharing among prospective 
     teachers, teachers, principals, administrators, and 
     participating faculty in the partner institution.
       ``(F) Application of scientifically based research on 
     teaching and learning generated by entities such as the 
     Institute of Education Sciences and by the National Research 
     Council.
       ``(4) Professional development.--Creating opportunities for 
     enhanced and ongoing professional development for experienced 
     general education and special education teachers, early 
     childhood education providers, principals, administrators, 
     and faculty that--
       ``(A) improves the academic content knowledge, as well as 
     knowledge to assess student academic achievement and how to 
     use the results of such assessments to improve instruction, 
     of teachers in the subject matter or academic content areas 
     in which the teachers are certified to teach or in which the 
     teachers are working toward certification to teach;
       ``(B) promotes strong teaching skills and an understanding 
     of how to apply scientific knowledge about teaching and 
     learning to their teaching practice and to their ongoing 
     classroom assessment of students;
       ``(C) provides mentoring, team teaching, reduced class 
     schedules, and intensive professional development;

[[Page 7342]]

       ``(D) encourages and supports training of teachers, 
     principals, and administrators to effectively use and 
     integrate technology--
       ``(i) into curricula and instruction, including training to 
     improve the ability to collect, manage, and analyze data to 
     improve teaching, decisionmaking, school improvement efforts, 
     and accountability;
       ``(ii) to enhance learning by children, including students 
     with disabilities, limited-English proficient students, and 
     students with different learning styles or other special 
     learning needs; and
       ``(iii) to effectively communicate, work with, and involve 
     parents in their children's education;
       ``(E) creates an ongoing retraining loop for experienced 
     teachers, principals, and administrators, whereby the 
     residency program activities and practices--
       ``(i) inform the research of faculty and other researchers; 
     and
       ``(ii) translate evidence-based research findings into 
     improved practice techniques and improved teacher preparation 
     programs; and
       ``(F) includes the rotation, for varying periods of time, 
     of experienced teachers--
       ``(i) who are associated with the partnership to early 
     childhood education programs, elementary schools, or 
     secondary schools not associated with the partnership in 
     order to enable such experienced teachers to act as a 
     resource for all teachers in the local educational agency or 
     State; and
       ``(ii) who are not associated with the partnership to early 
     childhood education programs, elementary schools, or 
     secondary schools associated with the partnership in order to 
     enable such experienced teachers to observe how teaching and 
     professional development occurs in the partnership.
       ``(5) Support for participants.--Providing support for 
     those individuals participating in the required activities 
     under paragraphs (1) through (4) who serve as role models or 
     mentors for prospective, new, and experienced teachers, based 
     on such individuals' experience. Such support--
       ``(A) also may be provided to the preservice clinical 
     experience participants, as appropriate; and
       ``(B) may include--
       ``(i) release time for such individual's participation;
       ``(ii) receiving course workload credit and compensation 
     for time teaching in the partnership activities; and
       ``(iii) stipends.
       ``(6) Leadership and managerial skills.--
       ``(A) In general.--Developing and implementing proven 
     mechanisms to provide principals, superintendents, early 
     childhood education program directors, and administrators 
     (and mentor teachers, as practicable) with--
       ``(i) an understanding of the skills and behaviors that 
     contribute to effective instructional leadership and the 
     maintenance of a safe and effective learning environment;
       ``(ii) teaching and assessment skills needed to support 
     successful classroom teaching;
       ``(iii) an understanding of how students learn and develop 
     in order to increase achievement for all students; and
       ``(iv) the skills to effectively involve parents.
       ``(B) Mechanisms.--The mechanisms developed and implemented 
     pursuant to subparagraph (A) may include any of the 
     following:
       ``(i) Mentoring of new principals.
       ``(ii) Field-based experiences, supervised practica, or 
     internship opportunities.
       ``(iii) Other activities to expand the knowledge base and 
     practical skills of principals, superintendents, early 
     childhood education program directors, and administrators 
     (and mentor teachers, as practicable).
       ``(e) Allowable Uses of Funds.--An eligible partnership 
     that receives a grant under this section may use such funds 
     to carry out the following activities:
       ``(1) Dissemination and coordination.--Broadly 
     disseminating information on effective practices used by the 
     partnership, including teaching strategies and interactive 
     materials for developing skills in classroom management and 
     assessment and how to respond to individual student needs, 
     abilities, and backgrounds, to early childhood education 
     providers and teachers in elementary schools or secondary 
     schools that are not associated with the partnership. 
     Coordinating with the activities of the Governor, State board 
     of education, State higher education agency, and State 
     educational agency, as appropriate.
       ``(2) Curriculum preparation.--Supporting preparation time 
     for early childhood education providers, teachers in 
     elementary schools or secondary schools, and faculty to 
     jointly design and implement teacher preparation curricula, 
     classroom experiences, and ongoing professional development 
     opportunities that promote the acquisition and continued 
     growth of teaching skills.
       ``(3) Communication skills.--Developing strategies and 
     curriculum-based professional development activities to 
     enhance prospective teachers' communication skills with 
     students, parents, colleagues, and other education 
     professionals.
       ``(4) Coordination with other institutions of higher 
     education.--Coordinating with other institutions of higher 
     education, including community colleges, to implement teacher 
     preparation programs that support prospective teachers in 
     obtaining baccalaureate degrees and State certification or 
     licensure.
       ``(5) Teacher recruitment.--Activities described in 
     subsections (d) and (e) of section 204.
       ``(f) Special Rule.--No individual member of an eligible 
     partnership shall retain more than 50 percent of the funds 
     made available to the partnership under this section.
       ``(g) Construction.--Nothing in this section shall be 
     construed to prohibit an eligible partnership from using 
     grant funds to coordinate with the activities of more than 1 
     Governor, State board of education, State educational agency, 
     local educational agency, or State agency for higher 
     education.''.

     SEC. 5. RECRUITMENT GRANTS.

       Section 204 of the Higher Education Act of 1965 (20 U.S.C. 
     1024) is amended to read as follows:

     ``SEC. 204. RECRUITMENT GRANTS.

       ``(a) Program Authorized.--From amounts made available 
     under section 211(3) for a fiscal year, the Secretary is 
     authorized to award grants, on a competitive basis, to 
     eligible applicants to enable the eligible applicants to 
     carry out activities described in subsections (d) and (e).
       ``(b) Eligible Applicant Defined.--In this part, the term 
     `eligible applicant' means--
       ``(1) an eligible State described in section 202(b) that 
     has--
       ``(A) high teacher shortages or turnover rates; or
       ``(B) high teacher shortages or turnover rates in high-need 
     local educational agencies; or
       ``(2) an eligible partnership described in section 203(b) 
     that--
       ``(A) serves not less than 1 high-need local educational 
     agency with high teacher shortages or turnover rates ;
       ``(B) serves schools that demonstrate great difficulty 
     meeting State challenging academic content standards; or
       ``(C) demonstrates great difficulty meeting the requirement 
     that teachers be highly qualified.
       ``(c) Application.--Any eligible applicant desiring to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such form, and 
     containing such information as the Secretary may require, 
     including--
       ``(1) a description of the assessment that the eligible 
     applicant, and the other entities with whom the eligible 
     applicant will carry out the grant activities, have 
     undertaken to determine the most critical needs of the 
     participating high-need local educational agencies;
       ``(2) a description of how the eligible applicant will 
     recruit and retain highly qualified teachers or other 
     qualified individuals, including principals and early 
     childhood education providers, or both, who are enrolled in, 
     accepted to, or plan to participate in teacher preparation 
     programs or professional development activities, as described 
     under section 203, in geographic areas of greatest need, 
     including data on the retention rate, by school, of all 
     teachers in schools located within the geographic areas 
     served by the eligible applicant;
       ``(3) a description of the activities the eligible 
     applicant will carry out with the grant; and
       ``(4) a description of the eligible applicant's plan for 
     continuing the activities carried out with the grant once 
     Federal funding ceases.
       ``(d) Required Uses of Funds.--An eligible applicant 
     receiving a grant under this section shall use the grant 
     funds--
       ``(1)(A) to award scholarships to help students pay the 
     costs of tuition, room, board, and other expenses of 
     completing a teacher preparation program;
       ``(B) to provide support services, if needed, to enable 
     scholarship recipients to complete postsecondary education 
     programs;
       ``(C) for followup services (including mentoring and 
     professional development activities) provided to former 
     scholarship recipients during the recipients first 3 years of 
     teaching; and
       ``(D) in the case where the eligible applicant also 
     receives a grant under section 203, for support for mentor 
     teachers who participate in the residency program; or
       ``(2) to develop and implement effective mechanisms, 
     including a professional development system and career 
     ladders, to ensure that high-need local educational agencies, 
     high-need schools, and early childhood education programs are 
     able to effectively recruit and retain highly competent early 
     childhood education providers, highly qualified teachers, and 
     principals.
       ``(e) Allowable Use of Funds.--An eligible applicant 
     receiving a grant under this section may use the grant funds 
     to carry out the following:
       ``(1) Outreach.--Conducting outreach and coordinating with 
     inner city and rural secondary schools to encourage students 
     to pursue teaching as a career.
       ``(2) Early childhood education compensation.--For eligible 
     applicants focusing on early childhood education, 
     implementing initiatives that increase compensation of early 
     childhood education providers who attain degrees in early 
     childhood education.
       ``(f) Service Requirements.--The Secretary shall establish 
     such requirements as the Secretary finds necessary to ensure 
     that recipients of scholarships under this section

[[Page 7343]]

     who complete teacher education programs subsequently teach in 
     a high-need local educational agency, for a period of time 
     equivalent to the period for which the recipients receive 
     scholarship assistance, or repay the amount of the 
     scholarship. The Secretary shall use any such repayments to 
     carry out additional activities under this section.''.

     SEC. 6. ADMINISTRATIVE PROVISIONS.

       Section 205 of the Higher Education Act of 1965 (20 U.S.C. 
     1025) is amended--
       (1) in subsection (a)--
       (A) in the heading, by striking ``One-Time Awards;'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2);
       (2) in subsection (b)--
       (A) by redesignating paragraph (3) as paragraph (4);
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Composition of panel.--The peer review panel shall be 
     composed of experts who are competent, by virtue of their 
     training, expertise, or experience, to evaluate applications 
     for grants under this part. A majority of the panel shall be 
     composed of individuals who are not employees of the Federal 
     Government.'';
       (C) by inserting after paragraph (2) the following:
       ``(3) Evaluation and priority.--The peer review panel shall 
     evaluate the applicants' proposals to improve the current and 
     future teaching force through program and certification 
     reforms, teacher preparation program activities (including 
     implementation and assessment strategies), and professional 
     development activities described in sections 202, 203, and 
     204, as appropriate. In recommending applications to the 
     Secretary for funding under this part, the peer review panel 
     shall--
       ``(A) with respect to grants under section 202, give 
     priority to eligible States that--
       ``(i) have initiatives to reform State program approval 
     requirements for teacher preparation programs that are 
     designed to ensure that current and future teachers are 
     highly qualified and possess strong teaching skills, 
     knowledge to assess student academic achievement, and the 
     ability to use this information in such teachers' classroom 
     instruction;
       ``(ii) include innovative reforms to hold institutions of 
     higher education with teacher preparation programs 
     accountable for preparing teachers who are highly qualified 
     and have strong teaching skills; or
       ``(iii) involve the development of innovative efforts aimed 
     at reducing the shortage of--

       ``(I) highly qualified teachers in high-poverty urban and 
     rural areas; and
       ``(II) highly qualified teachers in fields with 
     persistently high teacher shortages, such as special 
     education;

       ``(B) with respect to grants under section 203--
       ``(i) give priority to applications from eligible 
     partnerships that involve broad participation within the 
     community, including businesses; and
       ``(ii) take into consideration--

       ``(I) providing an equitable geographic distribution of the 
     grants throughout the United States; and
       ``(II) the potential of the proposed activities for 
     creating improvement and positive change; and

       ``(C) with respect to grants under section 204, give 
     priority to eligible applicants that have in place, or in 
     progress, articulation agreements between 2- and 4-year 
     public and private institutions of higher education and 
     nonprofit providers of professional development with 
     demonstrated experience in professional development 
     activities.''; and
       (D) by adding at the end the following:
       ``(5) Payment of fees and expenses of certain members.--The 
     Secretary may use available funds appropriated to carry out 
     this part to pay the expenses and fees of peer review panel 
     members who are not employees of the Federal Government.''; 
     and
       (c) by striking subsection (e) and inserting the following:
       ``(e) Technical Assistance.--For each fiscal year, the 
     Secretary may expend not more than $500,000 or 0.75 percent 
     of the funds appropriated to carry out this title for such 
     fiscal year, whichever amount is greater, to provide 
     technical assistance to States and partnerships receiving 
     grants under this part.''.

     SEC. 7. ACCOUNTABILITY AND EVALUATION.

       Section 206 of the Higher Education Act of 1965 (20 U.S.C. 
     1026) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Committee on Labor and Human Resources'' and inserting 
     ``Committee on Health, Education, Labor, and Pensions'';
       (B) in paragraph (2), by striking ``, including,'' and all 
     that follows through the period and inserting ``as a highly 
     qualified teacher.'';
       (C) in paragraph (3)--
       (i) by striking ``highly''; and
       (ii) by striking the period at the end and inserting ``that 
     meet the same standards and criteria of State certification 
     or licensure programs.'';
       (D) by striking paragraph (4) and inserting the following:
       ``(4) Teacher and provider qualifications.--
       ``(A) Elementary and secondary school classes.--Increasing 
     the percentage of elementary school and secondary school 
     classes taught by teachers--
       ``(i) who are highly qualified;
       ``(ii) who have completed preparation programs that provide 
     such teachers with the scientific knowledge about the 
     disciplines of teaching, learning, and child and adolescent 
     development so the teachers understand and use evidence-based 
     teaching skills to meet the learning needs of all students; 
     or
       ``(iii) who have completed a residency program throughout 
     their first 3 years of teaching that includes mentoring by 
     faculty who are trained and compensated for their work with 
     new teachers.
       ``(B) Early childhood education programs.--Increasing the 
     percentage of classrooms in early childhood education 
     programs taught by providers who are highly competent.'';
       (E) by striking paragraph (5) and inserting the following:
       ``(5) Decreasing shortages.--Decreasing shortages of--
       ``(A) qualified teachers and principals in poor urban and 
     rural areas; and
       ``(B) qualified teachers in fields with persistently high 
     teacher shortages, such as special education.''; and
       (F) by striking paragraph (6) and inserting the following:
       ``(6) Increasing opportunities for professional 
     development.--Increasing opportunities for enhanced and 
     ongoing professional development that--
       ``(A) improves--
       ``(i) the knowledge and skills of early childhood education 
     providers;
       ``(ii) the knowledge of teachers in special education;
       ``(iii) the knowledge and skills to assess student academic 
     achievement and use the results of such assessments to 
     improve instruction; or
       ``(iv) the knowledge of subject matter or academic content 
     areas--

       ``(I) in which the teachers are certified or licensed to 
     teach; or
       ``(II) in which the teachers are working toward 
     certification or licensure to teach;

       ``(B) promotes strong teaching skills and an understanding 
     of how to apply scientific knowledge about teaching and 
     learning to teachers' teaching practice and to teachers' 
     ongoing classroom assessment of students; and
       ``(C) provides enhanced instructional leadership and 
     management skills for principals.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``for'' and inserting ``for teachers, early childhood 
     education providers, or principals, as appropriate, according 
     to the needs analysis required under section 203(c)(1), 
     for''; and
       (B) by striking paragraphs (1) through (6) and inserting 
     the following:
       ``(1) increased demonstration by program graduates of 
     teaching skills grounded in scientific knowledge about the 
     disciplines of teaching and learning;
       ``(2) increased student achievement for all students as 
     measured by the partnership, including mechanisms to measure 
     student achievement due to the specific activities conducted 
     by the partnership;
       ``(3) increased teacher retention in the first 3 years of a 
     teacher's career based, in part, on teacher retention data 
     collected as described in section 203(c)(3)(H);
       ``(4) increased success in the pass rate for initial State 
     certification or licensure of teachers;
       ``(5) increased percentage of elementary school and 
     secondary school classes taught by teachers who are highly 
     qualified;
       ``(6) increased percentage of early childhood education 
     program classes taught by providers who are highly competent;
       ``(7) increased percentage of early childhood education 
     programs and elementary school and secondary school classes 
     taught by providers and teachers who demonstrate clinical 
     judgment, communication, and problem-solving skills resulting 
     from participation in a residency program;
       ``(8) increased percentage of qualified special education 
     teachers;
       ``(9) increased number of general education teachers 
     trained in working with students with disabilities, limited-
     English proficient students, and students with different 
     learning styles or other special learning needs;
       ``(10) increased number of teachers trained in technology; 
     and
       ``(11) increased number of teachers, early childhood 
     education providers, or principals prepared to work 
     effectively with parents.''; and
       (3) in subsection (d)--
       (A) by inserting ``, with particular attention to the 
     reports and evaluations provided by the eligible States and 
     eligible partnerships pursuant to this section,'' after 
     ``funded under this part''; and
       (B) by striking ``Committee on Labor and Human Resources'' 
     and inserting ``Committee on Health, Education, Labor, and 
     Pensions''.

[[Page 7344]]



     SEC. 8. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.

       Section 207 of the Higher Education Act of 1965 (20 U.S.C. 
     1027) is amended--
       (1) by striking subsection (a);
       (2) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively;
       (3) in subsection (a), as redesignated by paragraph (2)--
       (A) in the matter preceding paragraph (1), by striking ``, 
     within 2 years'' and all that follows through ``the 
     following'' and inserting ``, on an annual basis and in a 
     uniform and comprehensible manner that conforms with the 
     definitions and reporting methods previously developed for 
     teacher preparation programs by the Commissioner of the 
     National Center for Education Statistics, a State report card 
     on the quality of teacher preparation in the State, which 
     shall include not less than the following'';
       (B) in paragraph (4)--
       (i) by striking ``teaching candidates'' and inserting 
     ``prospective teachers''; and
       (ii) by striking ``candidate'' and inserting ``prospective 
     teacher'';
       (C) in paragraph (5)--
       (i) by striking ``teaching candidates'' and inserting 
     ``prospective teachers'';
       (ii) by striking ``teacher candidate'' and inserting 
     ``prospective teacher''; and
       (iii) by striking ``candidate's'' and inserting 
     ``teacher's'';
       (D) in paragraph (7), by inserting ``how the State has 
     ensured that the alternative certification routes meet the 
     same State standards and criteria for teacher certification 
     or licensure,'' after ``if any,'';
       (E) in paragraph (8)--
       (i) by striking ``teacher candidate'' and inserting 
     ``prospective teacher''; and
       (ii) by inserting ``(including the ability to provide 
     instruction to diverse student populations, including 
     students with disabilities, limited-English proficient 
     students, and students with different learning styles or 
     other special learning needs)'' after ``skills'';
       (F) by adding at the end the following:
       ``(10) Information on the extent to which teachers or 
     prospective teachers in each State are prepared to work in 
     partnership with parents and involve parents in their 
     children's education.'';
       (4) in subsection (b)(1), as redesignated by paragraph 
     (2)--
       (A) by striking ``not later than 6 months of the date of 
     enactment of the Higher Education Amendments of 1998 and'';
       (B) by striking ``subsection (b)'' and inserting 
     ``subsection (a)'';
       (C) by striking ``Committee on Labor and Human Resources'' 
     and inserting ``Committee on Health, Education, Labor, and 
     Pensions''; and
       (D) by striking ``not later than 9 months after the date of 
     enactment of the Higher Education Amendments of 1998'';
       (5) in subsection (c)(1), as redesignated by paragraph 
     (2)--
       (A) by striking ``(9) of subsection (b)'' and inserting 
     ``(10) of subsection (a)''; and
       (B) by striking ``and made available not later than 2 years 
     6 months after the date of enactment of the Higher Education 
     Amendments of 1998 and annually thereafter'' and inserting 
     ``, and made available annually''; and
       (6) in subsection (e)(1), as redesignated by paragraph 
     (2)--
       (A) by striking ``not later than 18 months after the date 
     of enactment of the Higher Education Amendments of 1998 and 
     annually thereafter, shall report'' and inserting ``shall 
     report annually''; and
       (B) by striking ``methods established under subsection 
     (a)'' and inserting ``reporting methods developed for teacher 
     preparation programs''.

     SEC. 9. STATE FUNCTIONS.

       Section 208 of the Higher Education Act of 1965 (20 U.S.C. 
     1028) is amended--
       (1) in subsection (a)--
       (A) by striking ``, not later than 2 years after the date 
     of enactment of the Higher Education Amendments of 1998,'';
       (B) by inserting ``and within entities providing 
     alternative routes to teacher preparation'' after 
     ``institutions of higher education'';
       (C) by inserting ``and entities'' after ``low-performing 
     institutions'';
       (D) by inserting ``and entities'' after ``those 
     institutions''; and
       (E) by striking ``207(b)'' and inserting ``207(a)'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Teacher Quality Plan.--In order to receive funds 
     under this Act, a State shall submit a State teacher quality 
     plan that--
       ``(1) details how such funds will ensure that all teachers 
     are highly qualified; and
       ``(2) indicates whether each teacher preparation program in 
     the State that has not been designated as low-performing 
     under subsection (a) is of sufficient quality to meet all 
     State standards and produce highly qualified teachers with 
     the teaching skills needed to teach effectively in the 
     schools of the State.'';
       (4) in subsection (c), as redesignated by paragraph (2)--
       (A) in paragraph (1), by striking ``of Education''; and
       (B) in paragraph (2), by striking ``of this Act''; and
       (5) in subsection (d), as redesignated by paragraph (2), by 
     striking ``subsection (b)(2)'' and inserting ``subsection 
     (c)(2)''.

     SEC. 10. ACADEMIES FOR FACULTY EXCELLENCE.

       Part A of title II of the Higher Education Act of 1965 (20 
     U.S.C. 1021 et seq.) is amended--
       (1) by redesignating section 210 as section 211; and
       (2) by inserting after section 209 the following:

     ``SEC. 210. ACADEMIES FOR FACULTY EXCELLENCE.

       ``(a) Program Authorized.--From amounts made available 
     under subsection (e), the Secretary is authorized to award 
     grants to eligible entities to enable such entities to create 
     Academies for Faculty Excellence.
       ``(b) Eligible Entity.--In this section:
       ``(1) In general.--The term `eligible entity' means a 
     consortium composed of institutions of higher education 
     that--
       ``(A) award doctoral degrees in education; and
       ``(B) are partner institutions (as such term is defined in 
     section 203).
       ``(2) Inclusions.--The term `eligible entity' may include 
     the following:
       ``(A) Institutions of higher education that--
       ``(i) do not award doctoral degrees in education; and
       ``(ii) are partner institutions (as such term is defined in 
     section 203).
       ``(B) Nonprofit entities with expertise in preparing highly 
     qualified teachers.
       ``(c) Application.--An eligible entity desiring to receive 
     a grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, including--
       ``(1) a description of how the eligible entity will provide 
     professional development that is grounded in scientifically 
     based research to faculty;
       ``(2) evidence that the eligible entity is well versed in 
     current scientifically based research related to teaching and 
     learning across content areas and fields;
       ``(3) a description of the assessment that the eligible 
     entity will undertake to determine the most critical needs of 
     the faculty who will be served by the Academies for Faculty 
     Excellence; and
       ``(4) a description of the activities the eligible entity 
     will carry out with grant funds received under this section, 
     how the entity will include faculty in the activities, and 
     how the entity will conduct these activities in collaboration 
     with programs and projects that receive Federal funds from 
     the Institute of Education Sciences.
       ``(d) Required Use of Funds.--Each eligible entity that 
     receives a grant under this section shall use the grant funds 
     to enhance the caliber of teaching undertaken in preparation 
     programs for teachers, early childhood education providers, 
     and principals and other administrators through the 
     establishment and maintenance of a postdoctoral system of 
     professional development by carrying out the following:
       ``(1) Recruitment.--Recruit a faculty of experts who are 
     knowledgeable about scientifically based research related to 
     teaching and learning, who have direct experience working 
     with teachers and students in school settings, who are 
     capable of implementing scientifically based research to 
     improve teaching practice and student achievement in school 
     settings, and who are capable of providing professional 
     development to faculty and others responsible for preparing 
     teachers, early childhood education providers, principals, 
     and administrators.
       ``(2) Professional development curricula.--Develop a series 
     of professional development curricula to be used by the 
     Academies for Faculty Excellence and disseminated broadly to 
     teacher preparation programs nationwide.
       ``(3) Professional development experiences.--Support the 
     development of a range of ongoing professional development 
     experiences (including the use of the Internet) for faculty 
     to ensure that such faculty are knowledgeable about effective 
     evidence-based practice in teaching and learning. Such 
     experiences shall promote joint faculty activities that link 
     content and pedagogy.
       ``(4) Development programs.--Provide fellowships, 
     scholarships, and stipends for teacher educators to 
     participate in various faculty development programs offered 
     by the Academies for Faculty Excellence.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for fiscal year 2005 and such sums as may be 
     necessary for each of the 5 succeeding fiscal years.''.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       Section 211 of the Higher Education Act of 1965, as 
     redesignated by section 10, is amended--
       (1) by striking ``part $300,000,000 for fiscal year 1999'' 
     and inserting ``part, other than section 210, $500,000,000 
     for fiscal year 2005'';
       (2) by striking ``4 succeeding'' and inserting ``5 
     succeeding'';
       (3) in paragraph (1), by striking ``45'' and inserting 
     ``20'';
       (4) in paragraph (2), by striking ``45'' and inserting 
     ``60''; and

[[Page 7345]]

       (5) in paragraph (3), by striking ``10'' and inserting 
     ``20''.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Chafee, Mrs. Boxer, Mrs. Murray, 
        Mrs. Clinton, Mr. Corzine, and Mr. Lautenberg):
  S. 2336. A bill to expand access to preventive health care services 
and education programs that help reduce unintended pregnancy, reduce 
infection with sexually transmitted disease, and reduce the number of 
abortions; to the Committee on Health, Education, Labor, and Pensions.
  Mr. REID. Mr. President, I introduce a bill on behalf of myself, Mr. 
Chafee, Mrs. Boxer, Mrs. Murray, Mrs. Clinton, Mr. Corzine, and Mr. 
Lautenberg.
  We are very fortunate to live in a democratic nation where we can 
express our opinions freely. That is what America is all about. We can 
attempt to influence the policies of our Government and even criticize 
them without fear of retaliation. We can debate important issues 
without fear of retaliation by anyone.
  One of the most heated debates in the last two decades has been the 
issue of abortion. People on both sides of the issue feel extremely 
strong. They have argued, demonstrated, and protested with much emotion 
and passion. The issue is not going to go away soon. I doubt that one 
side will be able to suddenly convince the other to drop its deeply 
held beliefs.
  However, there is a need and even an opportunity to find common 
ground. We can move toward a goal we all share, reducing the number of 
unintended pregnancies in America. It is possible. And it is necessary 
to come together and enact effective legislation to prevent unintended 
pregnancies, reduce the number of abortions performed in this country, 
and address the unmet health care needs of American women.
  We can only find common ground by being honest with each other. We 
can find not only common ground but also common sense solutions in this 
legislation which I am introducing entitled ``Putting Prevention 
First.'' I am pleased that Senators Chafee, Boxer, Murray, Corzine and 
Lautenberg are joining me as cosponsors of this legislation.
  The Putting Prevention First Act will help reduce the staggering 
rates of unintended pregnancies in America. It will reduce the rate of 
infection with sexually transmitted diseases, reduce the number of 
abortions, and improve access to health care for women.
  Specifically, the Putting Prevention First Act will: No. 1, end 
insurance discrimination against women; No. 2, improve awareness and 
understanding of emergency contraception; No. 3, ensure that rape 
victims have information about emergency contraception and access to 
emergency contraception; No. 4, increase funding for the National 
Family Planning Program; No. 5, provide funding to allow States to 
implement a comprehensive approach to sexuality education that includes 
information about both abstinence and contraception; No. 6, expands 
teen pregnancy prevention programs; and, No. 7 allows States to expand 
Medicaid family planning services to low-income women without having to 
apply for a waiver from the Federal Government.
  Nationwide, about one-half of all pregnancies are unintended and half 
of those end in abortion. This is not just a health problem; it is a 
public health tragedy. But it does not have to be this way. Most of the 
unintended pregnancies and resulting abortions can be prevented. We 
must work together to make that happen, we can find a common ground.
  One of the most important steps we can take to prevent unintended 
pregnancies is ensuring that American women have access to affordable, 
effective contraception.
  I have been on national radio call-in shows and talked about 
legislation I have worked on with Senator Snowe for so many years to 
provide for contraceptive equity. One time, a woman called and said: I 
don't believe in contraception. Well, my simple answer to her was: Then 
don't use them. But don't prevent others who have different beliefs 
from having the ability to use these contraceptives.
  Today, numerous forms of safe and highly effective contraception are 
available by prescription. If used correctly, they could greatly reduce 
the rate of unintended pregnancies.
  One of the greatest obstacles to the use of prescription 
contraceptives by American women is their cost. Women are educated. 
They know that they work. They simply do not have the money.
  Again, on a radio program, a woman called in and said: I have 
diabetes. I am pregnant. I didn't want to become pregnant. It is not 
good for me. She said: But my husband's insurance doesn't cover the 
pill.
  It is amazing, but many insurance policies do not cover prescription 
contraceptives for women. But they do automatically cover tubal 
ligations, vasectomies, abortions, and other such things that are much 
more expensive than prescription contraception.
  Now, we have made progress. Federal Employees have access to 
prescription contraception through the Federal Employees Health 
Benefits Program. But we shouldn't limit this benefit to just federal 
employees.
  We know that women on average earn less than men, and yet they must 
pay far more than men for health-related expenses. According to the 
Women's Research and Education Institute, women of reproductive age pay 
68 percent more in out-of-pocket costs for medical expenses than men, 
and, of course, that is largely due to their reproductive health care 
needs.
  Because many women cannot afford the prescription contraceptives they 
would like to use, many go without. Far too often, this results in 
unintended pregnancies.
  The high cost of prescription contraceptives is not just a problem 
for the millions of women without health insurance, but also for 
millions of American women who do have health insurance because many 
insurance plans that cover prescription drugs do not cover 
contraceptives. So women are forced to either do without contraceptives 
or pay for them out of pocket and, as I have given an example or two, 
many families simply cannot afford it. This is unfair to women and 
their families and it is a bad policy because it causes additional 
unintended pregnancies and adversely affects the health of women.
  Since 1997, Senator Olympia Snowe and I have worked to remedy this 
problem. Today, as part of the Putting Prevention First Act, I am again 
proposing common-sense legislation that has received bipartisan 
support.
  The Equity in Prescription Insurance and Contraceptive Coverage Act--
EPICC, as we call it--requires insurance plans that cover prescription 
drugs to provide the same coverage for prescription contraceptives. We 
are not asking for special treatment, only equitable treatment within 
the context of an existing prescription drug benefit. This legislation 
is simply the fair thing to do for women.
  And making contraception more affordable and more available will 
enable more women to use safe and effective means to prevent unintended 
pregnancies. As I said, it is a goal we all share.
  Contraceptive coverage is much cheaper than other services, 
including, as I have said, abortions, sterilizations, and tubal 
ligations that insurance companies routinely cover. The Federal 
Employee Health Benefits Program, which has provided contraceptive 
coverage for several years because of an amendment offered on this 
floor, has proved that adding such coverage does not increase the cost 
of a plan.
  This commonsense, cost-effective legislation is long overdue. 
Promoting equity in health insurance coverage for American women, while 
working to prevent unintended pregnancies and improve the health of 
women, is by any means the right thing to do.
  We should also take additional steps that would improve access to 
women's health care for poor and low-income women. Public health 
programs such as Medicaid and title X provide high-quality family 
planning services and other preventive health care to underinsured or 
uninsured individuals. Yet these programs are struggling to meet the

[[Page 7346]]

growing demand for subsidized family planning services without 
corresponding increases in funding.
  The Putting Prevention First legislation would increase the 
authorization for title X, and it would allow States to expand Medicaid 
family planning services to women with incomes of up to 200 percent of 
the Federal poverty level without having to apply to the Federal 
Government for a waiver.
  This commonsense approach has long been championed by Senator Lincoln 
Chafee. My friend and cosponsor of this legislation knows that 
contraceptive use saves scarce public health dollars. Every $1 spent on 
providing family planning services saves an estimated $3 in 
expenditures for pregnancy-related and newborn care for Medicaid alone.
  The Putting Prevention First Act would increase the awareness and 
availability of emergency contraception, an important yet poorly 
understood form of contraception. Approved for use by the Food and Drug 
Administration, emergency contraception pills work to prevent 
pregnancy, and they cannot disrupt or interrupt an established 
pregnancy. The emergency contraception pills work to prevent pregnancy, 
not to interrupt and disrupt a pregnancy. The availability of emergency 
contraception is very important for women who survive a sexual assault.
  I can remember a young woman who worked for me, a teenager. She came 
to me and said: Could I see you in your office?
  I said: Sure. What is the matter?
  She said: I was jumped.
  She was driving through a part of town alone. Some people pulled her 
car over and they raped her. I sent her to another friend of mine who 
is an OB/GYN.
  It is difficult to imagine the physical, psychological, and emotional 
pain endured by a woman who is raped. In addition to the violent 
attack, she must also worry about the possibility she could become 
pregnant.
  The availability of emergency contraception is important for women 
who survive a sexual assault. A woman could use emergency contraception 
in an emergency, such as if she has been raped and doesn't want to 
become pregnant.
  Compassion is a word we have heard a lot from political leaders in 
recent years. Actions speak louder than words. Surely it would be 
compassionate to make emergency contraception available to a woman who 
is raped so she doesn't become impregnated by the thug who brutalized 
and traumatized her.
  The Putting Prevention First Act includes a provision that has been 
advocated by Senators Corzine and Murray. This provision would require 
hospitals receiving Federal health dollars to provide information about 
emergency contraception and make it available to sexual assault 
survivors who are treated in the emergency room. Simply put, emergency 
contraception should be made available in an emergency room.
  Emergency contraception and emergency rooms go hand in hand. Women 
who are the victims of rape should be informed of all their options, 
including emergency contraception.
  If they choose that option, it should be available to them right 
then.
  Emergency contraception has been studied extensively and is regarded 
as a safe and effective method to prevent unintended pregnancies. Its 
use has been recommended by leading medical authorities, including the 
American Medical Association and the American College of Obstetricians 
and Gynecologists. It has been approved by the Food and Drug 
Administration. An FDA advisory panel has recommended emergency 
contraception be made available without a prescription. This could 
prevent 1.7 million unintended pregnancies and 800,000 abortions in 
America each year.
  Unfortunately, however, emergency contraception remains for the most 
part a well-kept secret. Most of the women who would use this to 
prevent an unintended pregnancy are unaware of its existence, and they 
don't know it is available, if it is available. Even many health care 
providers do not understand what emergency contraception is, how it 
works, and who can use it.
  To reduce unintended pregnancies by raising awareness about emergency 
contraception, the Putting Prevention First Act includes a provision 
championed by Senator Murray that will provide funding to develop and 
distribute information about emergency contraception to public health 
organizations, health care providers, and the public. I commend Senator 
Murray and appreciate her allowing me to include this in my 
legislation.
  These are some of the simple but necessary steps we can and should 
take to prevent unintended pregnancies. We should embrace these 
measures to protect the health of American women, prevent unintended 
pregnancies, and reduce abortion. It is time to put prevention first.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record,  as follows:

                                S. 2336

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Putting 
     Prevention First Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

             TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT

Sec. 101. Short title.
Sec. 102. Authorization of appropriations.

              TITLE II--FAMILY PLANNING STATE EMPOWERMENT

Sec. 201. Short title.
Sec. 202. State option to provide family planning services and supplies 
              to additional low-income individuals.
Sec. 203. State option to extend the period of eligibility for 
              provision of family planning services and supplies.

 TITLE III--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE

Sec. 301. Short title.
Sec. 302. Amendments to Employee Retirement Income Security Act of 
              1974.
Sec. 303. Amendments to Public Health Service Act relating to the group 
              market.
Sec. 304. Amendment to Public Health Service Act relating to the 
              individual market.

      TITLE IV--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION

Sec. 401. Short title.
Sec. 402. Emergency contraception education and information programs.

         TITLE V--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES

Sec. 501. Short title.
Sec. 502. Survivors of sexual assault; provision by hospitals of 
              emergency contraceptives without charge.

                    TITLE VI--FAMILY LIFE EDUCATION

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Assistance to reduce teen pregnancy, HIV/AIDS, and other 
              sexually transmitted diseases and to support healthy 
              adolescent development.
Sec. 604. Sense of Congress.
Sec. 605. Evaluation of programs.
Sec. 606. Definitions.
Sec. 607. Appropriations.

                TITLE VII--TEENAGE PREGNANCY PREVENTION

Sec. 701. Short title.
Sec. 702. Teenage pregnancy prevention.

     SEC. 2. FINDINGS.

       The Congress finds as follows:
       (1) Although the Centers for Disease Control and Prevention 
     (``CDC'') included family planning in its published list of 
     the ``Ten Great Public Health Achievements in the 20th 
     Century'', the United States still has one of the highest 
     rates of unintended pregnancies among industrialized nations.
       (2) Each year, three million pregnancies, nearly half of 
     all pregnancies, in the United States are unintended; and 
     half of unintended pregnancies end in abortion.
       (3) In 2000, 34 million women--half of all women of 
     reproductive age (ages 15-44)--were in need of contraceptive 
     services and supplies to help prevent unintended pregnancy, 
     and half of those were in need of public support for such 
     care.
       (4) The United States also has the highest rate of 
     infection with sexually transmitted diseases (``STDs'') of 
     any industrialized country: in 2000 there were approximately 
     18.9 million new cases of STDs.
       (5) Increasing access to family planning services will 
     improve women's health and reduce the rates of unintended 
     pregnancy,

[[Page 7347]]

     abortion, and infection with STDs. Contraceptive use saves 
     public health dollars: every dollar spent on providing family 
     planning services, saves an estimated $3 in expenditures for 
     pregnancy-related and newborn care for Medicaid alone.
       (6) Contraception is basic health care that improves the 
     health of women and children by enabling women to plan and 
     space births.
       (7) Women experiencing unintended pregnancy are at greater 
     risks for physical abuse and women having closely spaced 
     births are at greater risk of maternal death.
       (8) The child born from an unintended pregnancy is at 
     greater risk of low birth weight, dying in the first year of 
     life, being abused, and not receiving sufficient resources 
     for healthy development.
       (9) The ability to control fertility also allows couples to 
     achieve economic stability by facilitating greater 
     educational achievement and participation in the workforce.
       (10) The average American woman desires two children and 
     spends five years of her life pregnant or trying to get 
     pregnant and roughly 30 years trying to prevent pregnancy; 
     without contraception, a sexually active woman has an 85 
     percent chance of becoming pregnant within a year.
       (11) Many poor and low-income women cannot afford to 
     purchase contraceptive services and supplies on their own. 
     12.1 million or 20 percent of all women aged 15-24 were 
     uninsured in 2002, and that proportion has increased by 10 
     percent since 1999.
       (12) Public health programs like Medicaid and Title X, the 
     national family planning program, provide high-quality family 
     planning services and other preventive health care to 
     underinsured or uninsured individuals who may otherwise lack 
     access to health care.
       (13) Medicaid is the single largest source of public 
     funding for family planning services and HIV/AIDS care in the 
     United States. Half of all public dollars spent on 
     contraceptive services and supplies in the United States are 
     provided through Medicaid and approximately 5.5 million women 
     of reproductive age--nearly one in ten women between the ages 
     of 15 and 44--rely on Medicaid for their basic health care 
     needs.
       (14) Each year, Title X services enable Americans to 
     prevent approximately one million unintended pregnancies, and 
     one in three women of reproductive age who obtains testing or 
     treatment for STDs does so at a Title X-funded clinic. In 
     2002, Title X-funded clinics provided three million Pap 
     tests, 5.2 million STD tests, and 494,000 HIV tests.
       (15) The increasing number of uninsured, stagnant funding, 
     health care inflation, new and expensive contraceptive 
     technologies, and improved but expensive screening and 
     treatment for cervical cancer and STDs, have diminished the 
     ability of Title X funded clinics to adequately serve all 
     those in need. Taking inflation into account, funding for the 
     Title X program declined 57 percent between 1980 and 2003.
       (16) While Medicaid is the largest source of subsidized 
     family planning services, many States have had to make 
     significant cuts in their Medicaid programs due to budget 
     pressures putting many women at risk of losing coverage for 
     family planning services.
       (17) In addition, eligibility for Medicaid in many States 
     is severely restricted leaving family planning services 
     financially out of reach for many poor women. Many States 
     have demonstrated tremendous success with Medicaid family 
     planning waivers that allow them to expand access to Medicaid 
     family planning services. However, the administrative burden 
     of applying for a waiver poses a significant barrier to 
     States that would like to expand their Medicaid family 
     planning programs.
       (18) Many private health plans still do not cover 
     contraceptive services and supplies. The lack of 
     contraceptive coverage in health insurance plans places many 
     effective forms of contraception beyond the financial reach 
     of many women.
       (19) Including contraceptive coverage in private health 
     care plans saves employers money: not covering contraceptives 
     in employee health plans costs employers 15 to 17 percent 
     more than providing such coverage.
       (20) Emergency contraception is a safe and effective way to 
     prevent unintended pregnancy after unprotected sex. It is 
     estimated that the use of emergency contraception could cut 
     the number of unintended pregnancies in half, thereby 
     reducing the need for abortion.
       (21) In 2000, 51,000 abortions were prevented by use of 
     emergency contraception; increased use of emergency 
     contraception accounted for up to 43 percent of the total 
     decline in abortions between 1994 and 2000.
       (22) Access to comprehensive sex education is critical to 
     reducing rates of unintended pregnancy, abortion, and STD 
     infection among teens. Over 60 percent of teens have had sex 
     before they graduate from high school and nine out of ten 
     people have sex before they get married. 822,000 teenagers 
     become pregnant each year; 35 percent of teen girls become 
     pregnant at least once before turning 20; and 78 percent of 
     teenage pregnancies are unintended. Nearly half (48 percent) 
     of new STD cases are among people ages 15-24, even though 
     these youth make up only a quarter of the sexually active 
     population.
       (23) The American Medical Association, the American Nurses 
     Association, the American Academy of Pediatrics, the American 
     College of Obstetricians and Gynecologists, the American 
     Public Health Association, and the Society for Adolescent 
     Medicine, support responsible sexuality education that 
     includes information about both abstinence and contraception.
       (24) Comprehensive sex education protects adolescent 
     health. A recent survey found that only 15 percent of 
     American parents believe that schools should just teach about 
     abstinence.
       (25) A recent study showed that teens who took pledges to 
     remain virgins until marriage were just as likely to contract 
     STDs as teens who did not take virginity pledges and that 
     although teens taking the pledges delayed sexual debut, they 
     were less likely to use condoms once they were sexually 
     active.
       (26) Teens who receive sex education that includes 
     discussion of contraception are more likely than those who 
     receive abstinence-only messages to delay sex and to have 
     fewer partners and use contraceptives when they do become 
     sexually active.

             TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT

     SEC. 101. SHORT TITLE.

       This Act may be cited as the ``Title X Family Planning 
     Services Act of 2004''.

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

       For the purpose of making grants and contracts under 
     section 1001 of the Public Health Service Act, there are 
     authorized to be appropriated $643,000,000 for fiscal year 
     2005, and such sums as may be necessary for each subsequent 
     fiscal year.

              TITLE II--FAMILY PLANNING STATE EMPOWERMENT

     SEC. 201. SHORT TITLE.

       This Act may be cited as the ``Family Planning State 
     Empowerment Act''.

     SEC. 202. STATE OPTION TO PROVIDE FAMILY PLANNING SERVICES 
                   AND SUPPLIES TO ADDITIONAL LOW-INCOME 
                   INDIVIDUALS.

       (a) In General.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended--
       (1) by redesignating section 1935 as section 1936; and
       (2) by inserting after section 1934 the following:


  ``state option to provide family planning services and supplies to 
                   additional low-income individuals

       ``Sec. 1935.
       ``(a) In General.--A State may elect (through a State plan 
     amendment) to make medical assistance described in section 
     1905(a)(4)(C) available to any individual not otherwise 
     eligible for such assistance--
       ``(1) whose family income does not exceed an income level 
     (specified by the State) that does not exceed the greatest 
     of--
       ``(A) 200 percent of the income official poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act) applicable to a family of the size 
     involved;
       ``(B) in the case of a State that has in effect (as of the 
     date of the enactment of this section) a waiver under section 
     1115 to provide such medical assistance to individuals based 
     on their income level (expressed as a percent of the poverty 
     line), the eligibility income level as provided under such 
     waiver; or
       ``(C) the eligibility income level (expressed as a percent 
     of such poverty line) that has been specified under the plan 
     (including under section 1902(r)(2)), for eligibility of 
     pregnant women for medical assistance; and
       ``(2) at the option of the State, whose resources do not 
     exceed a resource level specified by the State, which level 
     is not more restrictive than the resource level applicable 
     under the waiver described in paragraph (1)(B) or to pregnant 
     women under paragraph (1)(C).
       ``(b) Flexibility.--A State may exercise the authority 
     under subsection (a) with respect to one or more classes of 
     individuals described in such subsection.''.
       (b) Conforming Amendment.--Section 1905(a) of such Act (42 
     U.S.C. 1396d(a)) is amended, in the matter before paragraph 
     (1)--
       (1) by striking ``and'' at the end of clause (xii);
       (2) by adding ``and'' at the end of clause (xiii); and
       (3) by inserting after clause (xiii) the following new 
     clause:
       ``(xiv) individuals described in section 1935, but only 
     with respect to items and services described in paragraph 
     (4)(C),''.
       (c) Effective Date.--The amendments made by this section 
     apply to medical assistance provided on and after October 1, 
     2004.

     SEC. 203. STATE OPTION TO EXTEND THE PERIOD OF ELIGIBILITY 
                   FOR PROVISION OF FAMILY PLANNING SERVICES AND 
                   SUPPLIES.

       (a) In General.--Section 1902(e) of the Social Security Act 
     (42 U.S.C. 1396a(e)) is amended by adding at the end the 
     following new paragraph:

[[Page 7348]]

       ``(13) At the option of a State, the State plan may provide 
     that, in the case of an individual who was eligible for 
     medical assistance described in section 1905(a)(4)(C), but 
     who no longer qualifies for such assistance because of an 
     increase in income or resources or because of the expiration 
     of a post-partum period, the individual may remain eligible 
     for such assistance for such period as the State may specify, 
     but the period of extended eligibility under this paragraph 
     shall not exceed a continuous period of 24 months for any 
     individual. The State may apply the previous sentence to one 
     or more classes of individuals and may vary the period of 
     extended eligibility with respect to different classes of 
     individuals.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     apply to medical assistance provided on and after October 1, 
     2004.

 TITLE III--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE

     SEC. 301. SHORT TITLE.

       This Act may be cited as the ``Equity in Prescription 
     Insurance and Contraceptive Coverage Act''.

     SEC. 302. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY 
                   ACT OF 1974.

       (a) In General.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``(a) Requirements for Coverage.--A group health plan, and 
     a health insurance issuer providing health insurance coverage 
     in connection with a group health plan, may not--
       ``(1) exclude or restrict benefits for prescription 
     contraceptive drugs or devices approved by the Food and Drug 
     Administration, or generic equivalents approved as 
     substitutable by the Food and Drug Administration, if such 
     plan or coverage provides benefits for other outpatient 
     prescription drugs or devices; or
       ``(2) exclude or restrict benefits for outpatient 
     contraceptive services if such plan or coverage provides 
     benefits for other outpatient services provided by a health 
     care professional (referred to in this section as `outpatient 
     health care services').
       ``(b) Prohibitions.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, may not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan because of the individual's or enrollee's use or 
     potential use of items or services that are covered in 
     accordance with the requirements of this section;
       ``(2) provide monetary payments or rebates to a covered 
     individual to encourage such individual to accept less than 
     the minimum protections available under this section;
       ``(3) penalize or otherwise reduce or limit the 
     reimbursement of a health care professional because such 
     professional prescribed contraceptive drugs or devices, or 
     provided contraceptive services, described in subsection (a), 
     in accordance with this section; or
       ``(4) provide incentives (monetary or otherwise) to a 
     health care professional to induce such professional to 
     withhold from a covered individual contraceptive drugs or 
     devices, or contraceptive services, described in subsection 
     (a).
       ``(c) Rules of Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed--
       ``(A) as preventing a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan from imposing 
     deductibles, coinsurance, or other cost-sharing or 
     limitations in relation to--
       ``(i) benefits for contraceptive drugs under the plan or 
     coverage, except that such a deductible, coinsurance, or 
     other cost-sharing or limitation for any such drug shall be 
     consistent with those imposed for other outpatient 
     prescription drugs otherwise covered under the plan or 
     coverage;
       ``(ii) benefits for contraceptive devices under the plan or 
     coverage, except that such a deductible, coinsurance, or 
     other cost-sharing or limitation for any such device shall be 
     consistent with those imposed for other outpatient 
     prescription devices otherwise covered under the plan or 
     coverage; and
       ``(iii) benefits for outpatient contraceptive services 
     under the plan or coverage, except that such a deductible, 
     coinsurance, or other cost-sharing or limitation for any such 
     service shall be consistent with those imposed for other 
     outpatient health care services otherwise covered under the 
     plan or coverage;
       ``(B) as requiring a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan to cover experimental or 
     investigational contraceptive drugs or devices, or 
     experimental or investigational contraceptive services, 
     described in subsection (a), except to the extent that the 
     plan or issuer provides coverage for other experimental or 
     investigational outpatient prescription drugs or devices, or 
     experimental or investigational outpatient health care 
     services; or
       ``(C) as modifying, diminishing, or limiting the rights or 
     protections of an individual under any other Federal law.
       ``(2) Limitations.--As used in paragraph (1), the term 
     `limitation' includes--
       ``(A) in the case of a contraceptive drug or device, 
     restricting the type of health care professionals that may 
     prescribe such drugs or devices, utilization review 
     provisions, and limits on the volume of prescription drugs or 
     devices that may be obtained on the basis of a single 
     consultation with a professional; or
       ``(B) in the case of an outpatient contraceptive service, 
     restricting the type of health care professionals that may 
     provide such services, utilization review provisions, 
     requirements relating to second opinions prior to the 
     coverage of such services, and requirements relating to 
     preauthorizations prior to the coverage of such services.
       ``(d) Notice Under Group Health Plan.--The imposition of 
     the requirements of this section shall be treated as a 
     material modification in the terms of the plan described in 
     section 102(a)(1), for purposes of assuring notice of such 
     requirements under the plan, except that the summary 
     description required to be provided under the last sentence 
     of section 104(b)(1) with respect to such modification shall 
     be provided by not later than 60 days after the first day of 
     the first plan year in which such requirements apply.
       ``(e) Preemption.--Nothing in this section shall be 
     construed to preempt any provision of State law to the extent 
     that such State law establishes, implements, or continues in 
     effect any standard or requirement that provides coverage or 
     protections for participants or beneficiaries that are 
     greater than the coverage or protections provided under this 
     section.
       ``(f) Definition.--In this section, the term `outpatient 
     contraceptive services' means consultations, examinations, 
     procedures, and medical services, provided on an outpatient 
     basis and related to the use of contraceptive methods 
     (including natural family planning) to prevent an unintended 
     pregnancy. ''.
       (b) Clerical Amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001) is amended by inserting after the item relating 
     to section 713 the following:

``Sec. 714. Standards relating to benefits for contraceptives.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years beginning on or after 
     January 1, 2005.

     SEC. 303. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT RELATING TO 
                   THE GROUP MARKET.

       (a) In General.--Subpart 2 of part A of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``(a) Requirements for Coverage.--A group health plan, and 
     a health insurance issuer providing health insurance coverage 
     in connection with a group health plan, may not--
       ``(1) exclude or restrict benefits for prescription 
     contraceptive drugs or devices approved by the Food and Drug 
     Administration, or generic equivalents approved as 
     substitutable by the Food and Drug Administration, if such 
     plan or coverage provides benefits for other outpatient 
     prescription drugs or devices; or
       ``(2) exclude or restrict benefits for outpatient 
     contraceptive services if such plan or coverage provides 
     benefits for other outpatient services provided by a health 
     care professional (referred to in this section as `outpatient 
     health care services').
       ``(b) Prohibitions.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, may not--
       ``(1) deny to an individual eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan because of the individual's or enrollee's use or 
     potential use of items or services that are covered in 
     accordance with the requirements of this section;
       ``(2) provide monetary payments or rebates to a covered 
     individual to encourage such individual to accept less than 
     the minimum protections available under this section;
       ``(3) penalize or otherwise reduce or limit the 
     reimbursement of a health care professional because such 
     professional prescribed contraceptive drugs or devices, or 
     provided contraceptive services, described in subsection (a), 
     in accordance with this section; or
       ``(4) provide incentives (monetary or otherwise) to a 
     health care professional to induce such professional to 
     withhold from covered individual contraceptive drugs or 
     devices, or contraceptive services, described in subsection 
     (a).
       ``(c) Rules of Construction.--
       ``(1) In general.--Nothing in this section shall be 
     construed--
       ``(A) as preventing a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan from imposing 
     deductibles, coinsurance, or other cost-sharing or 
     limitations in relation to--
       ``(i) benefits for contraceptive drugs under the plan or 
     coverage, except that such a deductible, coinsurance, or 
     other cost-sharing

[[Page 7349]]

     or limitation for any such drug shall be consistent with 
     those imposed for other outpatient prescription drugs 
     otherwise covered under the plan or coverage;
       ``(ii) benefits for contraceptive devices under the plan or 
     coverage, except that such a deductible, coinsurance, or 
     other cost-sharing or limitation for any such device shall be 
     consistent with those imposed for other outpatient 
     prescription devices otherwise covered under the plan or 
     coverage; and
       ``(iii) benefits for outpatient contraceptive services 
     under the plan or coverage, except that such a deductible, 
     coinsurance, or other cost-sharing or limitation for any such 
     service shall be consistent with those imposed for other 
     outpatient health care services otherwise covered under the 
     plan or coverage;
       ``(B) as requiring a group health plan and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan to cover experimental or 
     investigational contraceptive drugs or devices, or 
     experimental or investigational contraceptive services, 
     described in subsection (a), except to the extent that the 
     plan or issuer provides coverage for other experimental or 
     investigational outpatient prescription drugs or devices, or 
     experimental or investigational outpatient health care 
     services; or
       ``(C) as modifying, diminishing, or limiting the rights or 
     protections of an individual under any other Federal law.
       ``(2) Limitations.--As used in paragraph (1), the term 
     `limitation' includes--
       ``(A) in the case of a contraceptive drug or device, 
     restricting the type of health care professionals that may 
     prescribe such drugs or devices, utilization review 
     provisions, and limits on the volume of prescription drugs or 
     devices that may be obtained on the basis of a single 
     consultation with a professional; or
       ``(B) in the case of an outpatient contraceptive service, 
     restricting the type of health care professionals that may 
     provide such services, utilization review provisions, 
     requirements relating to second opinions prior to the 
     coverage of such services, and requirements relating to 
     preauthorizations prior to the coverage of such services.
       ``(d) Notice.--A group health plan under this part shall 
     comply with the notice requirement under section 714(d) of 
     the Employee Retirement Income Security Act of 1974 with 
     respect to the requirements of this section as if such 
     section applied to such plan.
       ``(e) Preemption.--Nothing in this section shall be 
     construed to preempt any provision of State law to the extent 
     that such State law establishes, implements, or continues in 
     effect any standard or requirement that provides coverage or 
     protections for enrollees that are greater than the coverage 
     or protections provided under this section.
       ``(f) Definition.--In this section, the term `outpatient 
     contraceptive services' means consultations, examinations, 
     procedures, and medical services, provided on an outpatient 
     basis and related to the use of contraceptive methods 
     (including natural family planning) to prevent an unintended 
     pregnancy.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to group health plans for plan years 
     beginning on or after January 1, 2005.

     SEC. 304. AMENDMENT TO PUBLIC HEALTH SERVICE ACT RELATING TO 
                   THE INDIVIDUAL MARKET.

       (a) In General.--Part B of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-41 et seq.) is amended--
       (1) by redesignating the first subpart 3 (relating to other 
     requirements) as subpart 2; and
       (2) by adding at the end of subpart 2 the following:

     ``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR 
                   CONTRACEPTIVES.

       ``The provisions of section 2707 shall apply to health 
     insurance coverage offered by a health insurance issuer in 
     the individual market in the same manner as they apply to 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan in the small or 
     large group market.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to health insurance coverage 
     offered, sold, issued, renewed, in effect, or operated in the 
     individual market on or after January 1, 2005.

      TITLE IV--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION

     SEC. 401. SHORT TITLE.

       This Act may be cited as the ``Emergency Contraception 
     Education Act''.

     SEC. 402. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION 
                   PROGRAMS.

       (a) Definitions.--For purposes of this section:
       (1) Emergency contraception.--The term ``emergency 
     contraception'' means a drug or device (as the terms are 
     defined in section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321)) or a drug regimen that is--
       (A) used after sexual relations; and
       (B) prevents pregnancy, by preventing ovulation, 
     fertilization of an egg, or implantation of an egg in a 
     uterus.
       (2) Health care provider.--The term ``health care 
     provider'' means an individual who is licensed or certified 
     under State law to provide health care services and who is 
     operating within the scope of such license.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the same meaning 
     given such term in section 1201(a) of the Higher Education 
     Act of 1965 (20 U.S.C. 1141(a)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Emergency Contraception Public Education Program.--
       (1) In general.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention, shall 
     develop and disseminate to the public information on 
     emergency contraception.
       (2) Dissemination.--The Secretary may disseminate 
     information under paragraph (1) directly or through 
     arrangements with nonprofit organizations, consumer groups, 
     institutions of higher education, Federal, State, or local 
     agencies, clinics and the media.
       (3) Information.--The information disseminated under 
     paragraph (1) shall include, at a minimum, a description of 
     emergency contraception, and an explanation of the use, 
     safety, efficacy, and availability of such contraception.
       (c) Emergency Contraception Information Program for Health 
     Care Providers.--
       (1) In general.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration and in consultation with major medical and 
     public health organizations, shall develop and disseminate to 
     health care providers information on emergency contraception.
       (2) Information.--The information disseminated under 
     paragraph (1) shall include, at a minimum--
       (A) information describing the use, safety, efficacy and 
     availability of emergency contraception;
       (B) a recommendation regarding the use of such 
     contraception in appropriate cases; and
       (C) information explaining how to obtain copies of the 
     information developed under subsection (b), for distribution 
     to the patients of the providers.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of the fiscal years 2005 through 2009.

         TITLE V--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES

     SEC. 501. SHORT TITLE.

       This Act may be cited as the ``Compassionate Assistance for 
     Rape Emergencies Act''.

     SEC. 502. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS 
                   OF EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.

       (a) In General.--Federal funds may not be provided to a 
     hospital under any health-related program, unless the 
     hospital meets the conditions specified in subsection (b) in 
     the case of--
       (1) any woman who presents at the hospital and states that 
     she is a victim of sexual assault, or is accompanied by 
     someone who states she is a victim of sexual assault; and
       (2) any woman who presents at the hospital whom hospital 
     personnel have reason to believe is a victim of sexual 
     assault.
       (b) Assistance for Victims.--The conditions specified in 
     this subsection regarding a hospital and a woman described in 
     subsection (a) are as follows:
       (1) The hospital promptly provides the woman with medically 
     and factually accurate and unbiased written and oral 
     information about emergency contraception, including 
     information explaining that--
       (A) emergency contraception does not cause an abortion; and
       (B) emergency contraception is effective in most cases in 
     preventing pregnancy after unprotected sex.
       (2) The hospital promptly offers emergency contraception to 
     the woman, and promptly provides such contraception to her on 
     her request.
       (3) The information provided pursuant to paragraph (1) is 
     in clear and concise language, is readily comprehensible, and 
     meets such conditions regarding the provision of the 
     information in languages other than English as the Secretary 
     may establish.
       (4) The services described in paragraphs (1) through (3) 
     are not denied because of the inability of the woman or her 
     family to pay for the services.
       (c) Definitions.--For purposes of this section:
       (1) The term ``emergency contraception'' means a drug, drug 
     regimen, or device that is--
       (A) used postcoitally;
       (B) prevents pregnancy by delaying ovulation, preventing 
     fertilization of an egg, or preventing implantation of an egg 
     in a uterus; and
       (C) is approved by the Food and Drug Administration.
       (2) The term ``hospital'' has the meanings given such term 
     in title XVIII of the Social Security Act, including the 
     meaning applicable in such title for purposes of making 
     payments for emergency services to hospitals that do not have 
     agreements in effect under such title.
       (3) The term ``Secretary'' means the Secretary of Health 
     and Human Services.

[[Page 7350]]

       (4) The term ``sexual assault'' means coitus in which the 
     woman involved does not consent or lacks the legal capacity 
     to consent.
       (d) Effective Date; Agency Criteria.--This section takes 
     effect upon the expiration of the 180-day period beginning on 
     the date of enactment of this Act. Not later than 30 days 
     prior to the expiration of such period, the Secretary shall 
     publish in the Federal Register criteria for carrying out 
     this section.

                    TITLE VI--FAMILY LIFE EDUCATION

     SEC. 601. SHORT TITLE.

       This Act may be cited as the ``Family Life Education Act''.

     SEC. 602. FINDINGS.

       The Congress finds as follows:
       (1) The American Medical Association (``AMA''), the 
     American Nurses Association (``ANA''), the American Academy 
     of Pediatrics (``AAP''), the American College of 
     Obstetricians and Gynecologists (``ACOG''), the American 
     Public Health Association (``APHA''), and the Society of 
     Adolescent Medicine (``SAM''), support responsible sexuality 
     education that includes information about both abstinence and 
     contraception.
       (2) Recent scientific reports by the Institute of Medicine, 
     the American Medical Association and the Office on National 
     AIDS Policy stress the need for sexuality education that 
     includes messages about abstinence and provides young people 
     with information about contraception for the prevention of 
     teen pregnancy, HIV/AIDS and other sexually transmitted 
     diseases (``STDs'').
       (3) Research shows that teenagers who receive sexuality 
     education that includes discussion of contraception are more 
     likely than those who receive abstinence-only messages to 
     delay sexual activity and to use contraceptives when they do 
     become sexually active.
       (4) Comprehensive sexuality education programs respect the 
     diversity of values and beliefs represented in the community 
     and will complement and augment the sexuality education 
     children receive from their families.
       (5) The median age of puberty is 13 years and the average 
     age of marriage is over 26 years old. American teens need 
     access to full, complete, and medically and factually 
     accurate information regarding sexuality, including 
     contraception, STD/HIV prevention, and abstinence.
       (6) Although teen pregnancy rates are decreasing, there are 
     still between 750,000 and 850,000 teen pregnancies each year. 
     Between 75 and 90 percent of teen pregnancies among 15- to 
     19-year olds are unintended.
       (7) Research shows that 75 percent of the decrease in teen 
     pregnancy between 1988 and 1995 was due to improved 
     contraceptive use, while 25 percent was due to increased 
     abstinence.
       (8) More than eight out of ten Americans believe that young 
     people should have information about abstinence and 
     protecting themselves from unplanned pregnancies and sexually 
     transmitted diseases.
       (9) United States teens acquire an estimated 4,000,000 
     sexually transmitted infections each year. By age 24, at 
     least one in three sexually active people will have 
     contracted a sexually transmitted disease.
       (10) An average of two young people in the United States 
     are infected with HIV every hour of every day. African 
     Americans and Hispanic youth have been disproportionately 
     affected by the HIV/AIDS epidemic. Although less than 16 
     percent of the adolescent population in the United States is 
     African American, nearly 50 percent of AIDS cases through 
     June 2000 among 13- to 19-year olds were among Blacks. 
     Hispanics comprise 13 percent of the population and 20 
     percent of the reported adolescent AIDS cases though June 
     2000.

     SEC. 603. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND 
                   OTHER SEXUALLY TRANSMITTED DISEASES AND TO 
                   SUPPORT HEALTHY ADOLESCENT DEVELOPMENT.

       (a) In General.--Each eligible State shall be entitled to 
     receive from the Secretary of Health and Human Services, for 
     each of the fiscal years 2005 through 2009, a grant to 
     conduct programs of family life education, including 
     education on both abstinence and contraception for the 
     prevention of teenage pregnancy and sexually transmitted 
     diseases, including HIV/AIDS.
       (b) Requirements for Family Life Programs.--For purposes of 
     this title, a program of family life education is a program 
     that--
       (1) is age-appropriate and medically accurate;
       (2) does not teach or promote religion;
       (3) teaches that abstinence is the only sure way to avoid 
     pregnancy or sexually transmitted diseases;
       (4) stresses the value of abstinence while not ignoring 
     those young people who have had or are having sexual 
     intercourse;
       (5) provides information about the health benefits and side 
     effects of all contraceptives and barrier methods as a means 
     to prevent pregnancy;
       (6) provides information about the health benefits and side 
     effects of all contraceptives and barrier methods as a means 
     to reduce the risk of contracting sexually transmitted 
     diseases, including HIV/AIDS;
       (7) encourages family communication about sexuality between 
     parent and child;
       (8) teaches young people the skills to make responsible 
     decisions about sexuality, including how to avoid unwanted 
     verbal, physical, and sexual advances and how not to make 
     unwanted verbal, physical, and sexual advances; and
       (9) teaches young people how alcohol and drug use can 
     effect responsible decisionmaking.
       (c) Additional Activities.--In carrying out a program of 
     family life education, a State may expend a grant under 
     subsection (a) to carry out educational and motivational 
     activities that help young people--
       (1) gain knowledge about the physical, emotional, 
     biological, and hormonal changes of adolescence and 
     subsequent stages of human maturation;
       (2) develop the knowledge and skills necessary to ensure 
     and protect their sexual and reproductive health from 
     unintended pregnancy and sexually transmitted disease, 
     including HIV/AIDS throughout their lifespan;
       (3) gain knowledge about the specific involvement of and 
     male responsibility in sexual decisionmaking;
       (4) develop healthy attitudes and values about adolescent 
     growth and development, body image, gender roles, racial and 
     ethnic diversity, sexual orientation, and other subjects;
       (5) develop and practice healthy life skills including 
     goal-setting, decisionmaking, negotiation, communication, and 
     stress management;
       (6) promote self-esteem and positive interpersonal skills 
     focusing on relationship dynamics, including, but not limited 
     to, friendships, dating, romantic involvement, marriage and 
     family interactions; and
       (7) prepare for the adult world by focusing on educational 
     and career success, including developing skills for 
     employment preparation, job seeking, independent living, 
     financial self-sufficiency, and workplace productivity.

     SEC. 604. SENSE OF CONGRESS.

       It is the sense of Congress that while States are not 
     required to provide matching funds, they are encouraged to do 
     so.

     SEC. 605. EVALUATION OF PROGRAMS.

       (a) In General.--For the purpose of evaluating the 
     effectiveness of programs of family life education carried 
     out with a grant under section 603, evaluations of such 
     program shall be carried out in accordance with subsections 
     (b) and (c).
       (b) National Evaluation.--
       (1) In general.--The Secretary shall provide for a national 
     evaluation of a representative sample of programs of family 
     life education carried out with grants under section 603. A 
     condition for the receipt of such a grant is that the State 
     involved agree to cooperate with the evaluation. The purposes 
     of the national evaluation shall be the determination of--
       (A) the effectiveness of such programs in helping to delay 
     the initiation of sexual intercourse and other high-risk 
     behaviors;
       (B) the effectiveness of such programs in preventing 
     adolescent pregnancy;
       (C) the effectiveness of such programs in preventing 
     sexually transmitted disease, including HIV/AIDS;
       (D) the effectiveness of such programs in increasing 
     contraceptive knowledge and contraceptive behaviors when 
     sexual intercourse occurs; and
       (E) a list of best practices based upon essential 
     programmatic components of evaluated programs that have led 
     to success in subparagraphs (A) through (D).
       (2) Report.--A report providing the results of the national 
     evaluation under paragraph (1) shall be submitted to the 
     Congress not later than March 31, 2008, with an interim 
     report provided on a yearly basis at the end of each fiscal 
     year.
       (c) Individual State Evaluations.--
       (1) In general.--A condition for the receipt of a grant 
     under section 603 is that the State involved agree to provide 
     for the evaluation of the programs of family education 
     carried out with the grant in accordance with the following:
       (A) The evaluation will be conducted by an external, 
     independent entity.
       (B) The purposes of the evaluation will be the 
     determination of--
       (i) the effectiveness of such programs in helping to delay 
     the initiation of sexual intercourse and other high-risk 
     behaviors;
       (ii) the effectiveness of such programs in preventing 
     adolescent pregnancy;
       (iii) the effectiveness of such programs in preventing 
     sexually transmitted disease, including HIV/AIDS; and
       (iv) the effectiveness of such programs in increasing 
     contraceptive knowledge and contraceptive behaviors when 
     sexual intercourse occurs.
       (2) Use of grant.--A condition for the receipt of a grant 
     under section 603 is that the State involved agree that not 
     more than 10 percent of the grant will be expended for the 
     evaluation under paragraph (1).

     SEC. 606. DEFINITIONS.

       For purposes of this title:
       (1) The term ``eligible State'' means a State that submits 
     to the Secretary an application for a grant under section 603 
     that is in such form, is made in such manner, and contains 
     such agreements, assurances, and information as the Secretary 
     determines to be necessary to carry out this title.
       (2) The term ``HIV/AIDS'' means the human immunodeficiency 
     virus, and includes acquired immune deficiency syndrome.

[[Page 7351]]

       (3) The term ``medically accurate'', with respect to 
     information, means information that is supported by research, 
     recognized as accurate and objective by leading medical, 
     psychological, psychiatric, and public health organizations 
     and agencies, and where relevant, published in peer review 
     journals.
       (4) The term ``Secretary'' means the Secretary of Health 
     and Human Services.

     SEC. 607. APPROPRIATIONS.

       (a) In General.--For the purpose of carrying out this 
     title, there is authorized to be appropriated $100,000,000 
     for each of the fiscal years 2005 through 2009.
       (b) Allocations.--Of the amounts appropriated under 
     subsection (a) for a fiscal year--
       (1) not more than 7 percent may be used for the 
     administrative expenses of the Secretary in carrying out this 
     title for that fiscal year; and
       (2) not more than 10 percent may be used for the national 
     evaluation under section 605(b).

                TITLE VII--TEENAGE PREGNANCY PREVENTION

     SEC. 701. SHORT TITLE.

       This Act may be cited as the ``Preventing Teen Pregnancy 
     Act''.

     SEC. 702. TEENAGE PREGNANCY PREVENTION.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended by inserting after section 
     399N the following section:

     ``SEC. 399O. TEENAGE PREGNANCY PREVENTION GRANTS.

       ``(a) Authority.--The Secretary may award on a competitive 
     basis grants to public and private entities to establish or 
     expand teenage pregnancy prevention programs.
       ``(b) Grant Recipients.--Grant recipients under this 
     section may include State and local not-for-profit coalitions 
     working to prevent teenage pregnancy, State, local, and 
     tribal agencies, schools, entities that provide afterschool 
     programs, and community and faith-based groups.
       ``(c) Priority.--In selecting grant recipients under this 
     section, the Secretary shall give--
       ``(1) highest priority to applicants seeking assistance for 
     programs targeting communities or populations in which--
       ``(A) teenage pregnancy or birth rates are higher than the 
     corresponding State average; or
       ``(B) teenage pregnancy or birth rates are increasing; and
       ``(2) priority to applicants seeking assistance for 
     programs that--
       ``(A) will benefit underserved or at-risk populations such 
     as young males or immigrant youths; or
       ``(B) will take advantage of other available resources and 
     be coordinated with other programs that serve youth, such as 
     workforce development and after school programs.
       ``(d) Use of Funds.--Funds received by an entity as a grant 
     under this section shall be used for programs that--
       ``(1) replicate or substantially incorporate the elements 
     of one or more teenage pregnancy prevention programs that 
     have been proven (on the basis of rigorous scientific 
     research) to delay sexual intercourse or sexual activity, 
     increase condom or contraceptive use (without increasing 
     sexual activity), or reduce teenage pregnancy; and
       ``(2) incorporate one or more of the following strategies 
     for preventing teenage pregnancy: encouraging teenagers to 
     delay sexual activity; sex and HIV education; interventions 
     for sexually active teenagers; preventive health services; 
     youth development programs; service learning programs; and 
     outreach or media programs.
       ``(e) Complete Information.--Programs receiving funds under 
     this section that choose to provide information on HIV/AIDS 
     or contraception or both must provide information that is 
     complete and medically accurate.
       ``(f) Relation to Abstinence-Only Programs.--Funds under 
     this section are not intended for use by abstinence-only 
     education programs. Abstinence-only education programs that 
     receive Federal funds through the Maternal and Child Health 
     Block Grant, the Administration for Children and Families, 
     the Adolescent Family Life Program, and any other program 
     that uses the definition of `abstinence education' found in 
     section 510(b) of the Social Security Act are ineligible for 
     funding.
       ``(g) Applications.--Each entity seeking a grant under this 
     section shall submit an application to the Secretary at such 
     time and in such manner as the Secretary may require.
       ``(h) Matching Funds.--
       ``(1) In general.--The Secretary may not award a grant to 
     an applicant for a program under this section unless the 
     applicant demonstrates that it will pay, from funds derived 
     from non-Federal sources, at least 25 percent of the cost of 
     the program.
       ``(2) Applicant's share.--The applicant's share of the cost 
     of a program shall be provided in cash or in kind.
       ``(i) Supplementation of Funds.--An entity that receives 
     funds as a grant under this section shall use the funds to 
     supplement and not supplant funds that would otherwise be 
     available to the entity for teenage pregnancy prevention.
       ``(j) Evaluations.--
       ``(1) In general.--The Secretary shall--
       ``(A) conduct or provide for a rigorous evaluation of 10 
     percent of programs for which a grant is awarded under this 
     section;
       ``(B) collect basic data on each program for which a grant 
     is awarded under this section; and
       ``(C) upon completion of the evaluations referred to in 
     subparagraph (A), submit to the Congress a report that 
     includes a detailed statement on the effectiveness of grants 
     under this section.
       ``(2) Cooperation by grantees.--Each grant recipient under 
     this section shall provide such information and cooperation 
     as may be required for an evaluation under paragraph (1).
       ``(k) Definition.--For purposes of this section, the term 
     `rigorous scientific research' means based on a program 
     evaluation that:
       ``(1) Measured impact on sexual or contraceptive behavior, 
     pregnancy or childbearing.
       ``(2) Employed an experimental or quasi-experimental design 
     with well-constructed and appropriate comparison groups.
       ``(3) Had a sample size large enough (at least 100 in the 
     combined treatment and control group) and a follow-up 
     interval long enough (at least six months) to draw valid 
     conclusions about impact.
       ``(l) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $20,000,000 for fiscal year 2005, and such sums as may be 
     necessary for each subsequent fiscal year. In addition, there 
     are authorized to be appropriated for evaluations under 
     subsection (j) such sums as may be necessary for fiscal year 
     2005 and each subsequent fiscal year.''.
                                 ______
                                 
      By Ms. STABENOW (for herself and Mr. Levin):
  S. 2337. A bill to establish a grant program to support coastal and 
water quality restoration activities in States bordering the Great 
Lakes, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Ms. STABENOW. Mr. President, I rise today to introduce the Great 
Lakes Community Restoration Act.
  Before I discuss the bill, I want to say that it is extremely fitting 
that we are discussing the restoration of the Great Lakes, because 
today is Earth Day. Earth Day is a time to reflect on the environmental 
gains we have made, and to challenge ourselves with a new environmental 
commitment for the future. Our environmental and natural resources are 
not merely important, they are vital to our future health and survival. 
The Great Lakes are one of our Nation's most precious and vital natural 
resources. I believe it is extremely important that we have a strong 
Federal, State and local commitment to protect them.
  The Great Lakes contain one-fifth of the world's fresh water, and 
supply safe drinking water to thirty-three million people, including 10 
million people who rely on Lake Michigan alone. The Great Lakes' 
coastlines are home to wetlands, dunes, and endangered plants and 
species. Lake Michigan alone contains over 417 coastal wetlands, the 
most of any Great Lake. Millions of people use the Great Lakes each 
year for recreation, enjoying beaches, good fishing and boating. The 
latest estimate shows that recreational fishing totals a $1.5 billion 
boost to Michigan's tourist economy alone.
  However, it takes a real Federal, State, and local partnership to 
maintain this critical natural resource. Unfortunately, there are 
several environmental threats to the Great Lakes that we need to 
address. These include cleaning up contaminated sediments and 
pollutants that are affecting the Great Lakes ecosystem. During last 
year's electricity blackout, 650 pounds of vinyl chloride were dumped 
into the St. Clair River. This past February, another serious chemical 
spill occurred, dumping approximately 42,000 gallons of methyl ethyl 
ketone and methyl isobutyl ketone into the river, and forcing the 
shutdown of 10 drinking water plants. Last summer alone, 81 beaches in 
Michigan were closed due to elevated E coli levels. This contamination 
affects our water supply, our recreation and tourism, and Michigan's 
overall economy.
  The Great Lakes have also been inundated with invasive species. Over 
the past century, more than 87 non-indigenous aquatic species have been 
accidentally introduced into the Great Lakes. They have damaged the 
lakes in a number of ways. They have destroyed thousands of fish and 
threatened our clean drinking water. For example,

[[Page 7352]]

Lake Michigan once housed the largest self-producing lake trout fishery 
in the world. The invasive sea lamprey, which was introduced from 
ballast water almost 80 years ago has fed-on and greatly contributed to 
the decline of trout and whitefish in the Great Lakes. Today, lake 
trout must be stocked because it cannot naturally reproduce in the 
lakes. These invasive species also cause damage to our community water 
and sewer systems.
  Michigan also is home to over 120 lighthouses, more than any other 
State in the Nation. The oldest Michigan lighthouses date back to the 
1820s. These lighthouses are an inseparable part of Michigan's identity 
and cultural history. Unfortunately, many of our lighthouses are poorly 
maintained and in grave need of repair. In order to preserve our 
history and heritage of the Great Lakes, it is imperative that we 
maintain our lighthouses.
  As I mentioned before, protecting the Great Lakes requires a 
coordinated effort at all levels of government. However, our local 
communities are the ones who are immediately affected by these 
problems, both environmentally and economically.
  That is why I have introduced the Great Lakes Community Restoration 
Act. The Act will provide $400 million directly to local communities to 
help protect and restore the Great Lakes coastal region. NOAA will 
award the grant for local projects, such as repair of sewer systems 
damaged by invasive species, lighthouse restoration, and the local 
cleanup of water pollution and sediments.
  Protecting the Great Lakes requires a Federal, State and local 
partnership, and this Act will provide local communities with the 
resources they need to continue their vital stewardship of the Great 
Lakes.
                                 ______
                                 
      By Mr. BOND (for himself, Mr. Kennedy, and Mr. Johnson):
  S. 2338. A bill to amend the Public Health Service Act to provide for 
arthritis research and public health, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, it is an honor to join my colleagues, 
Senator Christopher Bond and Senator Tim Johnson, in introducing the 
Arthritis Prevention, Control, and Cure Act of 2004. Senator Bond has 
been outstanding in his leadership and support of this bipartisan 
legislation, which is a product of the untiring efforts of many leaders 
in the arthritis community including patients, families, and health 
care providers. The goal of this legislation is to lessen the burden of 
arthritis and other rheumatic diseases on citizens across our Nation.
  Seventy million adults in the United States now suffer from arthritis 
or related conditions. Of these, one in three is under 65. Over 300,000 
are children who struggle each day to get out of bed, go to school, and 
play with their friends. Arthritis accounts for 4 million days of 
hospital care ach year. It costs $51 million in annual medical care, 
and $86 million more is lost in productivity. Arthritis is an 
overwhelming and debilitating hardship for countless families across 
the Nation.
  In recent years, increasing effective research into the prevention 
and treatment of arthritis has led to measures that successfully reduce 
pain and improve the quality of life for millions who suffer with this 
disease. Cooperative efforts at every level have led to the development 
of a National Arthritis Action Plan, with emphasis on public health 
strategies to make timely information and medical care much more widely 
available across the country. However, the commitment to implement 
these important public health approaches has been very limited so far. 
Advances in research and treatment reach less than 1 percent of people 
with arthritis. We need to do much more to bring the highest quality of 
care to those with arthritis and other rheumatic diseases.
  Our legislation will reduce the burden of unnecessary suffering for 
our citizens by supporting implementation of effective strategies to 
carry out the National Arthritis Action Plan. That means support for 
comprehensive arthritis control and prevention programs. It means the 
development of arthritis education and outreach activities, and more 
research on the best ways to prevent and treat the illness at various 
ages.
  It also means developing better care and treatment for children with 
arthritis and rheumatic diseases. We include planning grants to support 
innovative research on juvenile arthritis. We support training for 
health care providers specializing in pediatric rheumatology, so that 
all children will have greater access to physicians trained in state-
of-the-art care for arthritis.
  This legislation will improve the quality of life for large numbers 
of adults and children, and avoid thousands of dollars in medical costs 
for each patient. Millions of our fellow citizens will have greater 
access to the best available information and medical care to prevent 
and treat this debilitating disease. I urge our colleagues to support 
this timely and needed legislation.
  Mr. JOHNSON. Mr. President, today I join a bipartisan group of 
Senators in introducing the Arthritis Prevention, Control and Cure Act 
of 2004. This legislation is so important to addressing arthritis and 
chronic joint problems which are the leading causes of disability in 
the United States impacting nearly 70 million adults. I want to thank 
Senators Kennedy and Bond who have been working hard on this 
legislation over the last year.
  The prevalence of chronic diseases in the U.S. have become the most 
significant public health problem of our current day. The beginning of 
the last century raised many infectious disease public health problems. 
But safe drinking water, clean working conditions and modern medicines 
have changed the public health dynamics. While we do need to continue 
to be concerned about newly emerging infectious diseases such as SARS 
and West Nile Virus, the biggest threat to our health as a nation is 
the impact of chronic diseases. It is estimated that by the year 2020, 
157 million Americans will suffer from some chronic illness. Whether it 
be asthma, diabetes, heart disease or arthritis, these conditions are 
costly to our health care system and erode quality of life.
  Arthritis and other rheumatic diseases are among the most common 
conditions in the United States, diminishing mental health and imposing 
significant limitations on daily activities. One out of every 3, or 
nearly 70 million adults in the United States suffer from arthritis or 
chronic joint symptoms. In my home State, approximately 173,000 adults 
suffer from the disease, or 31 percent of the adult population. 
Arthritis is exceeded only by heart disease as a cause of work 
disability. In addition, nearly 300,000 children in the United States, 
or 3 children out of every 1,000, have some form of arthritis or other 
rheumatic disease. The costs associated with arthritis are immense. The 
disease results in 750,000 hospitalizations, 44 million outpatient 
visits and 4 million days of hospital care every year. The estimated 
total costs of arthritis in the U.S., including lost productivity 
exceeds $86 billion.
  While the current impact of the disease is quite astounding, there is 
much that can be done to prevent and control arthritis. Despite myths 
that inaccurately portray this illness as an old persons disease, some 
forms of arthritis, such as osteoarthritis, can be prevented with 
weight control and other precautions. More broadly, the pain and 
disability accompanying all types of arthritis can be minimized through 
early diagnosis and appropriate disease management. There are many 
interventions that have been proven effective in reducing the burden of 
this disease, but unfortunately up until this point, those strategies 
have been underutilized.
  The National Arthritis Action Plan, developed by the Centers for 
Disease Control or CDC, Arthritis Foundation and the Association of 
State and Territorial Health Officials, put forward a comprehensive 
strategy to meet the challenged of addressing arthritis. This 
legislation puts the action plan into law, directing the CDC and 
National Institutes of Health to formalize the intentions of that 
action plan.
  This legislation enhances support for the implementation of public 
health

[[Page 7353]]

strategies consistent with the National Arthritis Action Plan. Through 
the CDC, the legislation will implement comprehensive arthritis control 
and prevention programs, developing arthritis education and outreach 
activities, and conducting research on prevention and treatment across 
the lifespan. It also includes planning grants in support of innovative 
research related to juvenile arthritis and supports health care 
provider training for those specializing in pediatric rheumatology. 
This bill will also assure that the National Arthritis Action Plan is 
implemented in a systematic way, and guarantees continued focus on 
quality research and care for adults and children who suffer from this 
debilitating disease.
  The bill provides funds for local demonstration projects, including 
community-based and patient self-management programs for arthritis 
control, prevention and care. State and tribal grants will also be made 
available for comprehensive prevention programs administered by state 
health departments. While CDC does provide for some grants currently, 
it is my hope that by moving this legislation forward, eventually, all 
states will have comprehensive arthritis programs to meet the 
increasing need.
  I want to again thank Senators Kennedy and Bond for their leadership 
on this issue. I urge my colleagues to support this important bill.
                                 ______
                                 
      By Mr. CORZINE (for himself, Mr. Lautenberg, Ms. Stabenow, and 
        Ms. Mikulski):
  S. 2339. A bill to amend part D of title XVIII of the Social Security 
Act to improve the coordination of prescription drug coverage provided 
under retiree plans and State pharmaceutical assistance programs with 
the prescription drug benefit provided under the medicare program, and 
for other purposes; to the Committee on Finance.
  Mr. CORZINE. Mr. President, I rise today along with my colleagues, 
Senators Lautenberg, Stabenow, and Mikulski, to introduce legislation, 
the Preserving Access to Affordable Drugs (PAAD) Act. This legislation 
is essential to ensuring that no senior who has existing prescription 
drug coverage receives less coverage once the Medicare prescription 
drug program goes into effect.
  The Congressional Budget Office has estimated that as many as 1.7 
million retirees could lose their employer-based prescription drug 
benefits as a result of the new Medicare prescription drug benefit. 
Also as a result of the new law, hundreds of thousands of seniors 
currently enrolled in state pharmacy assistance programs (SPAPs) will 
be forced out of those programs and into a private Medicare drug plan. 
Additionally, approximately six million seniors who are dually eligible 
for Medicare and Medicaid will lose access to their Medicaid 
prescription drug benefits, which are more generous and provide greater 
access to a variety of drugs than the Medicare benefit will. And, 
despite the fact that the new Medicare law has huge gaps in coverage, 
seniors who choose to enroll in the new drug benefit will be prohibited 
from purchasing Medigap coverage to pay for prescription drugs not 
covered by the new Medicare benefit.
  No senior should be made worse off by the new Medicare law. The law 
should expand benefits--not rescind them. The PAAD Act will make 
critical changes to the Medicare law to ensure that the above-mentioned 
benefits are safeguarded.
  First, the PAAD Act will preserve retiree prescription drug benefits 
by allowing employer contributions to count towards the out of pocket 
threshold. Under the Medicare law, retirees with employer-based 
coverage would receive less of a subsidy from Medicare than seniors 
without such coverage. This lower subsidy creates a disincentive to 
employers to continue to provide these benefits and will lead to a 
significant reduction in employer-based benefits. The PAAD Act will 
ensure that employer-based plans receive the same subsidization as the 
Medicare prescription drug plans.
  Second, the PAAD Act will restore language that I added to the 
Senate-passed Medicare bill to allow states with pharmaceutical 
assistance programs to administer the Medicare prescription drug 
benefit to Medicare beneficiaries enrolled in these programs. This will 
ensure a seamless transition for these seniors and will ensure that 
they maintain the generous prescription drug coverage that many states, 
including New Jersey, offer.
  Third, the PAAD Act will enable states to supplement the Medicare 
prescription drug benefit for the neediest Medicare beneficiaries, 
those dually-eligible for the Medicaid program. Under current law, 
Medicaid wraps around Medicare, paying for copayments and premiums, for 
those beneficiaries who are extremely sick and poor. Under the new 
Medicare law, states will be prohibited from using Medicaid to wrap 
around the Medicare drug benefit for these seniors, stripping them of 
access to needed prescription drugs. The PAAD Act will ensure that 
states can provide supplemental Medicaid prescription drug coverage to 
complement the Medicare drug benefit for seniors who are dually 
eligible for Medicare and Medicaid.
  Fourth, the PAAD Act will restore seniors' access to supplemental 
drug benefits through the Medigap program. Seniors should be allowed to 
improve the Medicare drug benefit if they so choose.
  Finally, the PAAD Act will also eliminate the risky demonstration 
program to privatize Medicare, a program which if not eliminated is 
likely to impact my state of New Jersey. Under the new Medicare law, 
seniors who live in areas where a large number of seniors are enrolled 
in Medicare managed care plans could end up in this privatization 
scheme. This new program is slated to go into effect in 2010. But, if 
it were to go into effect today, Gloucester, Burlington, Camden and 
Salem Counties in New Jersey would likely be chosen to participate in 
it.
  One of the goals of medicine is to do no harm. The new Medicare law 
violates that tenet. My legislation is critical to preserving and 
protecting existing prescription drug coverage while expanding it to 
those who currently lack such coverage. I look forward to working with 
my colleagues to pass this legislation and improve prescription drug 
benefits for all seniors.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Kennedy, and Mr. Reed):
  S. 2340. A bill to reauthorize title II of the Higher Education Act 
of 1965; to the Committee on Health, Education, Labor, and Pensions.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Capacity 
to Learn for All Students and Schools (CLASS) Act of 2004, along with 
Senators Kennedy and Reed, to ensure that all of our students receive 
the high quality of instruction they need and deserve. We know that 
teacher quality is the single most important factor in determining the 
success of our school children. Children who consistently have access 
to good teachers are more likely to do well academically; those who do 
not are more likely to fall behind.
  As the son of two former teachers, I am well aware of the 
satisfactions and challenges that accompany a career in teaching. I 
have been a long-time and strong supporter of our devoted teachers and 
our public schools. Over the years, I have visited many schools 
throughout my home State of New Mexico and spoken with countless 
students and teachers. I frequently have witnessed the dedication of 
our teachers in preparing young people to lead meaningful and 
productive adult lives.
  So many of us can look back on our own student years and recall a 
special teacher whose passion for learning ignited a similar passion in 
us, whose high standards caused us to set higher standards for 
ourselves, and whose commitment to education provided a model for our 
own lives. We need to ensure that all children have access to such 
special teachers. Many other Senators share my interest in this issue, 
including my colleagues on the HELP Committee. In fact, I am pleased to 
be introducing this bill along with the Senior Senator from Rhode 
Island. Senator Reed's PRREP Act is a great complement to the CLASS 
Act, and I

[[Page 7354]]

look forward to working with him and other members of the Committee as 
we proceed toward reauthorization of the Higher Education Act.
  The current act authorizes three types of competitively awarded 
grants: State Grants, Partnership Grants, and Recruitment Grants. The 
CLASS Act significantly increases funding for these programs, 
strengthens the provisions of the current law, and expands the learning 
and teaching capacity of students, teachers, and schools. I want to 
mention some of our critical educational needs and explain how the 
CLASS Act addresses those needs.
  First, we need to ensure that all teachers are highly qualified, have 
strong teaching skills, understand scientifically based research and 
its applicability, and can use technology effectively in the classroom. 
The preparation afforded prospective teachers must enable them to meet 
the varied needs of our nation's students, of our schools and 
institutions of higher education, and of our competitive workforce.
  The CLASS Act will address this need in a number of ways. For 
example, the CLASS Act establishes Academic Teaching Centers (ATCs). 
The ATCs provide a setting--a model teaching laboratory--for the 
integration of education and training, research, and evidence-based 
practice for teacher candidates, university professors, and master 
teachers. Modeled on academic health centers, ATCs offer prospective 
teachers with a system of practice-based support at initial levels of 
preparation, training during the first years of practice, and continued 
support in maintaining high levels of skill mastery. The ATC provides a 
clinical setting with an education and research mission, mentorship by 
expert practitioners, cross-pollination between practice and research, 
and high-quality services for its K-12 students.
  The CLASS Act also authorizes a Professional Development Program 
(PDP) that encourages states to pursue alignment with National Board 
for Professional Teaching Standards, a tiered licensure system, 
multiple career paths, and opportunities for professional growth. The 
PDP will improve teacher recruitment and retention by increasing the 
attractiveness of a teaching career, encouraging teachers to enhance 
their competencies and skills, and reinforcing their efforts to advance 
in their profession. The CLASS Act also encourages clinical, field, 
induction, mentoring, and other professional development experiences.
  Further, the CLASS Act requires rigorous standards for teacher 
certification or licensure designed to enhance teacher quality and to 
ensure that all prospective teachers meet the same high State 
standards. The act also expands programs that prepare prospective 
teachers to use advanced technology.
  Second, we need to empower teachers and schools to provide access for 
all students to a high-quality general education curriculum, including 
minorities, students in high-need schools, and students with 
disabilities and limited-English proficiency. Our teachers need to be 
able to provide effective instruction to diverse student populations 
and to address special learning needs. We also need to recruit new 
teachers from underrepresented groups and to increase access to 
certification or licensure for other qualified individuals.
  The CLASS Act will address this need by creating Centers of 
Excellence. The Centers of Excellence will increase minority teacher 
and principal recruitment, development, and retention. The act will 
also prepare teachers to provide access to the general education 
curriculum for all students, including students with disabilities and 
limited-English proficiency.
  Third, we need to enhance the ability of schools, districts, and 
states to collect, analyze, and utilize data to improve schools and 
programs and to fulfill the requirements of No Child Left Behind and 
the Higher Education Act. Good data and data systems are the bedrock on 
which accountability is built. Yet present data and data systems are 
too often inadequate to meet the needs of our schools, districts, 
states, and nation. For example, in 2003 the General Accounting Office 
reported that states did not have complete or consistent criteria to 
determine the number of highly qualified teachers and that state data 
systems did not track the federal criteria.
  The CLASS Act will address this need by strengthening accountability 
through improved assessment procedures that are valid and reliable, are 
aligned with reporting requirements, and allow for accurate and 
consistent reporting. The CLASS Act will also require a State-level 
needs assessment for Teacher Enhancement Grants to identify areas of 
greatest need and to specify a timetable for meeting identified needs. 
The needs assessment will assist States to identify teacher production 
needs in high-need academic subjects, such as mathematics and science; 
in high-need services, such as special education, bilingual education, 
and early childhood education; in high-need rural and urban areas; and 
in high-poverty, high-minority, and low-performing schools.
  Further, the CLASS Act will create data systems designed to improve 
public education, including enhancing teacher preparation programs. 
State educational agencies can apply for new Data Systems Grants that 
enable them to develop or expand data systems that have the capacity to 
integrate and coordinate individual student data from educational and 
employment settings; to conduct analyses necessary for evaluating 
programs and policies and identifying best practices; and to facilitate 
alignment among schools, institutions of higher education, and 
employment settings. These data systems also allow teacher preparation 
programs to follow graduates as they proceed toward certification or 
licensure and into the classroom.
  Fourth, we need to improve teacher recruitment and retention. Each 
year, more of the nation's teachers leave the field than enter the 
profession. In fact, approximately one-third of teachers leave the 
field during their first 3 years, and almost half leave during their 
first 5 years. Moreover, the overall turnover rate for teachers in 
high-poverty areas is almost a third higher than the rate for all 
teachers. Some of our schools, such as the rural schools in New Mexico, 
face unique challenges in recruiting and retaining highly qualified 
teachers. These challenges include low salaries, geographic and social 
isolation, housing shortages, poor physical working conditions, a 
paucity of teacher preparation programs targeted to rural schools, 
limited opportunities for professional development, and the necessity 
for teachers to teach more than one grade or subject.
  The CLASS Act will address this need in the following ways. Among 
other initiatives, the act will fund a wide range of teacher 
recruitment and retention strategies designed to put--and keep--highly 
qualified teachers in every classroom, including induction and 
mentoring for beginning teachers and ongoing opportunities for 
professional growth and advancement.
  Importantly, the CLASS Act will also create the Rural Education 
Recruitment and Retention Program to address the needs of rural 
districts by funding a range of recruitment strategies, such as tuition 
assistance, loan forgiveness, housing assistance, and financial 
incentives for working in areas of greatest need; as well as retention 
strategies, such as mentoring programs and ongoing opportunities for 
professional growth and advancement. In addition, the act encourages 
partnerships designed to meet the needs of rural schools.
  Fifth, we need to better prepare students for postsecondary education 
and a competitive workforce. According to recent data, a majority of 
college professors and employers rate high school graduates' skills in 
spelling, grammar, writing, and math as only fair or poor. Too many 
students leave high school ill-prepared to meet the requirements of 
postsecondary education or the demands of high-skilled, high-wage 
employment. Half of all students entering higher education take at 
least one remedial course, and, according to the U.S. Chamber of 
Commerce, employers frequently report difficulty in finding qualified 
workers who have satisfactory skills. High school graduation 
requirements are often not aligned with

[[Page 7355]]

the requirements governing college admission, obtaining a job, or 
enrolling in credit-bearing courses once in college. High school 
curricula and assessments often stress different knowledge and skills 
than are required by college entrance and placement requirements.
  The CLASS Act will address this need by creating the data systems 
described above that are designed to improve public education and to 
facilitate alignment among schools, institutions of higher education, 
and employment settings. These systems will have the capacity to 
integrate and coordinate individual student data from educational and 
employment settings. The CLASS Act will also support programs that 
provide special certification in advanced placement (AP)-level or 
international baccalaureate (IB)-level content and pedagogy.
  In conclusion, I would like to say that I am very pleased to 
introduce a bill designed to ensure that all of our students are taught 
by highly qualified and effective teachers. No task is more important.
  Each child who falls behind diminishes the power of our society's 
future. I hope you will all join me in reinforcing our national 
commitment to teacher preparation and teacher quality.
  I ask unanimous consent that the text of the bill and a summary be 
printed in the Record.
  There being no objection, the bill and summary were ordered to be 
printed in the Record, as follows:

                                S. 2340

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Capacity to Learn for All 
     Students and Schools Act''.

     SEC. 2. TEACHER QUALITY ENHANCEMENT.

       (a) Teacher Quality Enhancement Grants for States and 
     Partnerships.--Part A of title II of the Higher Education Act 
     of 1965 (20 U.S.C. 1021 et seq.) is amended to read as 
     follows:

      ``PART A--TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND 
                              PARTNERSHIPS

     ``SEC. 201. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are to--
       ``(1) improve student academic achievement;
       ``(2) increase the size and scope of programs funded under 
     this part to ensure that all teachers are highly qualified;
       ``(3) hold institutions of higher education accountable for 
     preparing teachers who are highly qualified, have the 
     necessary teaching skills, and are trained in the effective 
     uses of technology in the classroom;
       ``(4) recruit and retain individuals who--
       ``(A) increase the diversity of the workforce;
       ``(B) teach high-need academic subjects, such as 
     mathematics and science;
       ``(C) provide high-need services, such as special 
     education, bilingual education, and early childhood 
     education;
       ``(D) serve in high-need areas, such as rural and urban 
     communities;
       ``(E) meet the needs of high-poverty, high-minority, and 
     low-performing schools; and
       ``(F) are prepared to provide access to the general 
     education curriculum for all students, including students 
     with disabilities and students with limited-English 
     proficiency;
       ``(5) enhance the quality of the current and future 
     teaching force by improving the preparation of prospective 
     teachers and expanding professional development activities;
       ``(6) ensure that all teachers, regardless of their route 
     to the profession, meet the same rigorous State standards for 
     certification or licensure;
       ``(7) encourage learning partnerships among parents, 
     community members, and educators that lead to improved 
     student academic achievement; and
       ``(8) promote collaboration among college and university 
     faculty and administrators, elementary school and secondary 
     school teachers and administrators, State educational 
     agencies, teacher and education organizations, and 
     organizations representing the scientific disciplines 
     associated with teaching and learning.
       ``(b) Definitions.--In this part:
       ``(1) Arts and sciences.--The term `arts and sciences' 
     means--
       ``(A) when referring to an organizational unit of an 
     institution of higher education, any academic unit that 
     offers 1 or more academic majors in disciplines or content 
     areas corresponding to the academic subject matter areas in 
     which teachers provide instruction; and
       ``(B) when referring to a specific academic subject matter 
     area, the disciplines or content areas in which academic 
     majors are offered by the arts and science organizational 
     unit.
       ``(2) Exemplary teacher.--The term `exemplary teacher' has 
     the meaning given such term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       ``(3) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency in which--
       ``(A)(i) 15 percent of the students served by the agency 
     are from families with incomes below the poverty line;
       ``(ii) there are more than 5,000 students served by the 
     agency from families with incomes below the poverty line; or
       ``(iii) there are less than 600 students in average daily 
     attendance in all the schools that are served by the agency 
     and each of the schools served by the agency is designated 
     with a school locale code of 7 or 8, as determined by the 
     Secretary; and
       ``(B)(i) there is a high percentage of teachers who are not 
     highly qualified; or
       ``(ii) there is a high teacher turnover rate.
       ``(4) High-need school.--The term `high-need school' means 
     a public elementary school or secondary school--
       ``(A) in which there is a high concentration of students 
     from families with incomes below the poverty line; or
       ``(B) that is identified as in need of school improvement 
     or corrective action pursuant to section 1116 of the 
     Elementary and Secondary Education Act of 1965.
       ``(5) Highly qualified.--The term `highly qualified' has 
     the meaning given such term in section 9101 of the Elementary 
     and Secondary Education Act of 1965.
       ``(6) Parent.--The term `parent' has the meaning given such 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965.
       ``(7) Parental involvement.--The term `parental 
     involvement' has the meaning given such term in section 9101 
     of the Elementary and Secondary Education Act of 1965.
       ``(8) Poverty line.--The term `poverty line' means the 
     poverty line (as defined by the Office of Management and 
     Budget, and revised annually in accordance with section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2))) applicable to a family of the size involved.
       ``(9) Professional development.--The term `professional 
     development' has the meaning given such term in section 9101 
     of the Elementary and Secondary Education Act of 1965.
       ``(10) Scientifically based research.--The term 
     `scientifically based research' has the meaning given such 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965.
       ``(11) Teaching skills.--The term `teaching skills' means 
     skills--
       ``(A) grounded in the science of teaching and learning that 
     teachers use to create effective instruction in subject 
     matter content and that lead to student achievement and the 
     ability to apply knowledge; and
       ``(B) that require an understanding of the learning process 
     itself, including an understanding of--
       ``(i) the use of strategies specific to the subject matter;
       ``(ii) ongoing assessment of student learning and the use 
     of such assessment for evaluation of curriculum and 
     instructional practices;
       ``(iii) identification of individual differences in ability 
     and instructional needs;
       ``(iv) the use of strategies that will meet the 
     instructional needs of students with disabilities and 
     students with limited-English proficiency;
       ``(v) classroom management; and
       ``(vi) interaction with parents and others to promote 
     student learning.

     ``SEC. 202. STATE GRANTS.

       ``(a) Grants Authorized.--From amounts made available under 
     section 211(1) for a fiscal year, the Secretary is authorized 
     to award grants under this section, on a competitive basis, 
     to eligible States to enable the eligible States to carry out 
     1 or more activities authorized under subsection (d) for the 
     following purposes:
       ``(1) Enhancing teacher preparation, licensure or 
     certification programs, recruitment, or retention.
       ``(2) Developing or expanding data systems designed to 
     collect, analyze, and utilize data for the purpose of 
     improving public education, including enhancing teacher 
     preparation.
       ``(3) Increasing opportunities for professional 
     development.
       ``(b) Eligible State.--
       ``(1) Definition.--In this part, the term `eligible State' 
     means a State educational agency.
       ``(2) Consultation.--The State educational agency shall 
     consult with the Governor, State board of education, or State 
     higher education agency, as appropriate, with respect to the 
     activities assisted under this section.
       ``(3) Construction.--Nothing in this subsection shall be 
     construed to negate or supersede the legal authority under 
     State law of any State agency, State entity, or State public 
     official over programs that are under the jurisdiction of the 
     agency, entity, or official.
       ``(c) Application.--To be eligible to receive a grant under 
     this section, an eligible State

[[Page 7356]]

     shall, at the time of the initial grant application, submit 
     an application to the Secretary that--
       ``(1) meets the requirements of this section;
       ``(2) demonstrates that the State is in full compliance 
     with the relevant provisions of sections 208 and 209;
       ``(3) demonstrates that the State has developed a plan that 
     includes steps described in section 1111(b)(8)(C) of the 
     Elementary and Secondary Education Act of 1965;
       ``(4) includes a State-level needs assessment to identify 
     areas of greatest need related to--
       ``(A) teacher production--
       ``(i) in high-need academic subjects, such as mathematics 
     and science;
       ``(ii) in high-need services, such as special education, 
     bilingual education, and early childhood education; and
       ``(iii) among underrepresented groups, including 
     minorities;
       ``(B) the instructional needs of students with disabilities 
     and students with limited-English proficiency;
       ``(C) teachers who are not highly qualified or who teach 
     out of field;
       ``(D) high-poverty, high-minority, or low-performing, or 
     all of such, schools;
       ``(E) teacher retention;
       ``(F) professional development; and
       ``(G) instructional technology;
       ``(5) specifies measurable objectives based on the State-
     level needs assessment, as well as a timetable for achieving 
     these objectives;
       ``(6) reflects knowledge of scientifically based principles 
     of learning in State standards;
       ``(7) includes a plan for achieving the specified 
     objectives;
       ``(8) includes a description of how the eligible State 
     intends to use funds provided under this section to address 
     the needs identified in subparagraph (D); and
       ``(9) contains such other information and assurances as the 
     Secretary may require.
       ``(d) Uses of Funds.--
       ``(1) Uses of funds for teacher enhancement grants.--
       ``(A) Required uses of funds.--An eligible State that 
     receives a grant under this section to carry out the purposes 
     of subsection (a)(1) shall use the grant funds for both of 
     the following:
       ``(i) Rigorous and aligned teacher certification or 
     licensure programs.--Ensuring that--

       ``(I) the State's teacher certification or licensure 
     program is rigorous and meets high State-determined standards 
     that are grounded in scientifically based research about how 
     students learn;
       ``(II) the State's program approval standards are aligned 
     with kindergarten through grade 12 curriculum standards and 
     State teacher licensure standards;
       ``(III) teachers are highly qualified and have the 
     necessary teaching skills; and
       ``(IV) teacher certification and licensure assessments 
     are--

       ``(aa) used for purposes for which such assessments are 
     valid and reliable;
       ``(bb) consistent with relevant, nationally recognized 
     professional and technical standards; and
       ``(cc) aligned with the reporting requirements of sections 
     207 and 208.
       ``(ii) Recruitment and retention.--Developing and 
     implementing effective mechanisms to ensure that local 
     educational agencies and schools are able to--

       ``(I) recruit and retain highly qualified teachers;
       ``(II) address identified needs concerned with--

       ``(aa) underrepresented groups;
       ``(bb) high-need academic subjects, such as mathematics and 
     science;
       ``(cc) high-need services, such as special education, 
     bilingual education, and early childhood education;
       ``(dd) high-need areas, such as rural and urban 
     communities;
       ``(ee) high-need schools, including those with high rates 
     of teacher turnover; and
       ``(ff) students with disabilities and students with 
     limited-English proficiency;

       ``(III) offer mentoring programs for new teachers during 
     such teachers' first 3 years of teaching; and
       ``(IV) provide access to ongoing professional development 
     opportunities for teachers and administrators.

       ``(B) Allowable uses of funds.--In addition to the 
     requirements of subparagraph (A), an eligible State that 
     receives a grant under this section to carry out the purposes 
     of subsection (a)(1) may use grant funds for the following:
       ``(i) Reforms.--Implementing reforms that hold institutions 
     of higher education with teacher preparation programs 
     accountable for preparing teachers who are highly qualified, 
     possess strong teaching skills, are able to understand 
     scientifically based research and its applicability, and are 
     able to use technology effectively in the classroom.
       ``(ii) Alternative routes to certification for teaching.--
     Providing prospective teachers with alternative routes to 
     State certification or licensure that--

       ``(I) enhance access to certification or licensure for 
     qualified individuals, including mid-career professionals 
     from other occupations, paraprofessionals, former military 
     personnel, and recent college graduates with distinguished 
     academic records;
       ``(II) impart the necessary academic content to produce 
     highly qualified teachers;
       ``(III) impart the necessary teaching skills;
       ``(IV) demonstrate that all teachers, regardless of their 
     route to the profession, meet the same rigorous State 
     standards; and
       ``(V) provide mentoring and support during the teachers' 
     initial years of teaching, as well as training and 
     compensation for such activities.

       ``(iii) Pilot studies.--In collaboration with teacher 
     preparation programs (including alternative routes to 
     certification) that agree to participate, and using a data 
     system consistent with paragraph (2) unless the State already 
     has sufficient information system capacity to support pilot 
     studies with 1 or more programs, conducting pilot studies 
     designed to develop and evaluate procedures that can provide 
     credible and persuasive evidence that graduates of teacher 
     preparation programs (including those who complete 
     alternative routes to certification) are effective at 
     improving student achievement, including using funds for--

       ``(I) efforts to assess the impact of teacher preparation 
     program graduates on student achievement;
       ``(II) identification of specific practices that lead to 
     consistent student achievement gains;
       ``(III) identification of variables that can influence 
     student achievement; and
       ``(IV) development of mechanisms for leaders of 
     institutions of higher education to make use of the 
     information identified in subclauses (I), (II), and (III) for 
     purposes of teacher preparation program improvement.

       ``(iv) Special certification for prospective advanced 
     placement teachers.--Developing and implementing teacher 
     preparation programs that provide special certification in 
     advanced placement (AP) level or international baccalaureate 
     (IB) level content and pedagogy, including undergraduate 
     specializations in in-depth study of subject-specific content 
     and practical pedagogical experience through student 
     teaching, and master's degree level programs that lead to a 
     master's degree in AP level or IB level content.
       ``(v) Social promotion.--Development and implementation of 
     efforts to address the problem of social promotion and to 
     prepare teachers to effectively address the issues raised by 
     ending the practice of social promotion.
       ``(2) Use of funds for data systems grants.--An eligible 
     State that receives a grant under this section to carry out 
     the purposes of subsection (a)(2) shall use the grant funds 
     to develop or expand data systems. The data systems shall do 
     each of the following:
       ``(A) Enable the eligible State to--
       ``(i) integrate and coordinate the analysis of individual 
     student-level data from multiple data systems, including data 
     from kindergarten through grade 12 education, postsecondary 
     education, and employment;
       ``(ii) conduct analyses necessary to help educators 
     evaluate programs and policies, identify and study best 
     practices, and continuously improve schools and programs; and
       ``(iii) facilitate alignment and coordination between 
     kindergarten through grade 12 schools and institutions of 
     higher education, and between institutions of higher 
     education and postgraduate employment settings.
       ``(B) Have the ability to match, compare, or track, as 
     appropriate--
       ``(i) individual records of the same student over time;
       ``(ii) an individual student with an individual teacher;
       ``(iii) kindergarten through grade 12 data and higher 
     education data;
       ``(iv) higher education data and postgraduate data; and
       ``(v) all of the data systems to State employment records.
       ``(C) Include a State data audit process to ensure accurate 
     and complete information.
       ``(D) Be designed so as not to infringe on the established 
     privacy rights of students, teachers, and employees.
       ``(3) Use of funds for professional development program 
     grants.--An eligible State that receives a grant under this 
     section to carry out the purposes of subsection (a)(3) may 
     use the grant funds to carry out any of the following 
     activities:
       ``(A) Aligning State teacher standards with those of the 
     National Board for Professional Teaching Standards.
       ``(B) Developing a progressive career system in which 
     highly qualified teachers who pursue advanced licensure 
     levels are required to demonstrate increased competencies and 
     undertake increased responsibilities, for increased 
     compensation, as they progress through levels such as the 
     following:
       ``(i) Level I: an initial license issued for the first 3 
     years of teaching that gives a beginning highly qualified 
     teacher the opportunity, through a formal induction program, 
     to progress to Level II.
       ``(ii) Level II: a professional license given to an 
     experienced teacher whose performance has been satisfactory 
     during such teacher's first 3 years of teaching.
       ``(iii) Level III: a master license for those teachers 
     who--

[[Page 7357]]

       ``(I) obtain advanced credentials as board-certified 
     teachers, exemplary teachers, master teachers, or other 
     advanced credentials;
       ``(II) choose to advance as instructional leaders in the 
     teaching profession and undertake greater responsibilities, 
     such as curriculum development, peer intervention, and 
     mentoring; or
       ``(III) demonstrate exceptional effectiveness in helping 
     students learn.

       ``(C) Developing multiple career paths for teachers, such 
     as highly qualified mentor teachers or exemplary teachers.
       ``(D) Providing opportunities for professional growth, such 
     as special certification in advanced placement or 
     international baccalaureate content and pedagogy.
       ``(E) Subsidizing candidates who pursue advanced 
     credentials.
       ``(F) Providing financial incentives, such as a bonus or 
     higher salary, for teachers who obtain advanced credentials.
       ``(e) Rule of Construction.--Nothing in subsection (d)(2) 
     shall be construed to authorize the public release or 
     publication of personally identifying information.

     ``SEC. 203. PARTNERSHIP GRANTS.

       ``(a) Grants.--From amounts made available under section 
     211(2) for a fiscal year, and not reserved under such 
     section, the Secretary is authorized to award grants under 
     this section, on a competitive basis, to eligible 
     partnerships to enable the eligible partnerships to carry out 
     the activities described in subsections (d) and (e).
       ``(b) Definitions.--
       ``(1) Eligible partnership.--In this part, the term 
     `eligible partnership' means an entity that--
       ``(A) shall include--
       ``(i) a partner institution;
       ``(ii) a school of arts and sciences; and
       ``(iii) a high-need local educational agency; and
       ``(B) may include a Governor, State educational agency, the 
     State board of education, the State agency for higher 
     education, an institution of higher education not described 
     in subparagraph (A), a community college, a public charter 
     school, a public or private elementary school or secondary 
     school, an educational service agency, a public or private 
     nonprofit educational organization, a business, a teacher 
     organization, or a prekindergarten program.
       ``(2) Partner institution.--In this section, the term 
     `partner institution' means a private independent or State-
     supported public institution of higher education, the teacher 
     preparation program of which demonstrates that--
       ``(A) graduates from the teacher preparation program who 
     intend to enter the field of teaching exhibit strong 
     performance on State-determined qualifying assessments and 
     are highly qualified; or
       ``(B) the teacher preparation program requires all the 
     students of the program to participate in intensive clinical 
     experience to meet high academic standards, to possess strong 
     teaching skills, and to become highly qualified.
       ``(c) Application.--Each eligible partnership desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall--
       ``(1) contain a needs assessment of all the partners with 
     respect to teaching and learning and a description of how the 
     partnership will coordinate with other teacher preparation or 
     professional development programs, and how the activities of 
     the partnership will be consistent with State, local, and 
     other education reform activities that promote student 
     achievement;
       ``(2) contain a resource assessment that describes the 
     resources available to the partnership, the intended use of 
     the grant funds, including a description of how the grant 
     funds will be fairly distributed in accordance with 
     subsection (f), and the commitment of the resources of the 
     partnership to the activities assisted under this part, 
     including financial support, faculty participation, time 
     commitments, and continuation of the activities when the 
     grant ends; and
       ``(3) contain a description of--
       ``(A) how the partnership will meet the purposes of this 
     part;
       ``(B) how the partnership will carry out the activities 
     required under subsection (d) and any permissible activities 
     under subsection (e); and
       ``(C) the partnership's evaluation plan pursuant to section 
     207(b).
       ``(d) Required Uses of Funds.--An eligible partnership that 
     receives a grant under this section shall use the grant funds 
     to carry out each of the following activities:
       ``(1) Reforms.--Implementing reforms within teacher 
     preparation programs to hold the programs accountable for 
     preparing teachers who are highly qualified, have strong 
     teaching skills, are able to understand scientifically based 
     research and its applicability, and are able to use 
     technology effectively in the classroom.
       ``(2) Clinical experience and interaction.--Providing 
     sustained and high quality preservice and in-service clinical 
     experience in school settings, including the mentoring of 
     prospective teachers by exemplary teachers, substantially 
     increasing interaction between faculty at institutions of 
     higher education and new and experienced teachers, 
     principals, and other administrators at elementary schools or 
     secondary schools, and providing support, including training 
     and compensation, for such interaction.
       ``(3) Professional development.--Creating opportunities for 
     enhanced and ongoing professional development for teacher 
     educators and other school personnel.
       ``(4) Teacher preparation and parental involvement.--
     Preparing teachers with the knowledge and skills to--
       ``(A) provide instruction to diverse student populations, 
     including individuals with different learning styles, 
     disabilities, limited-English proficiency, and special 
     learning needs;
       ``(B) implement gap-closing instructional strategies, as 
     appropriate;
       ``(C) manage and improve student behavior in the classroom;
       ``(D) work with and involve parents in their children's 
     education; and
       ``(E) use technology effectively in the classroom.
       ``(e) Allowable Uses of Funds.--An eligible partnership 
     that receives a grant under this section may use such funds 
     to carry out any of the following activities:
       ``(1) Development of alternative routes to state 
     certification.--Developing or refining alternative route 
     programs that provide prospective teachers with the necessary 
     teaching skills and that lead to State certification.
       ``(2) Dissemination and coordination.--Broadly 
     disseminating information on effective practices used by the 
     partnership, and coordinating with the activities of the 
     Governor, State board of education, State higher education 
     agency, and State educational agency, as appropriate.
       ``(3) Managerial and leadership skills.--Developing and 
     implementing proven mechanisms to provide teacher leaders, 
     principals, and superintendents with effective managerial and 
     leadership skills that result in increased student 
     achievement.
       ``(4) Teacher recruitment.--Activities described in section 
     204(d).
       ``(5) Teacher mentoring.--Developing a teacher mentoring 
     program that offers mentoring for teachers in their first 3 
     years of teaching, including requiring rigorous 
     qualifications for mentors, providing training and stipends 
     for mentors, providing opportunities for mentors and mentees 
     to observe each other's teaching methods in classroom 
     settings during the school day, and establishing an 
     evaluation and accountability plan for mentoring activities.
       ``(6) Professional development.--Creating opportunities for 
     enhanced and ongoing professional development throughout the 
     educational continuum for new teachers, teachers already in 
     the classroom, paraprofessionals, and school administrators 
     that leads to a steady increase in mastery of content 
     knowledge and the repertoire of effective teaching, 
     assessment, and leadership skills. Such professional 
     development shall include specially developed opportunities 
     for mid-career enhancement.
       ``(7) Coordination with other institutions of higher 
     education.--Coordinating with other institutions of higher 
     education, including community colleges, to implement teacher 
     preparation programs that support prospective teachers in 
     obtaining baccalaureate degrees and State certification or 
     licensure.
       ``(8) Field experience in mathematics, science, and 
     technology.--Creating opportunities for teachers and 
     prospective teachers for field experience and training 
     through participation in professional business, research, and 
     work environments in areas relating to mathematics, science, 
     and technology.
       ``(9) Teacher preparation enhancement internship.--
     Developing a 1-year paid internship program for prospective 
     teachers who have completed a teacher preparation program at 
     an institution of higher learning to enable such prospective 
     teachers to acquire the skills and experience necessary for 
     success in teaching, including providing intensive clinical 
     training and combining in-service instruction in teacher 
     methods and assessments with classroom observations, 
     experiences, and practices. Such interns shall have a reduced 
     teaching load and a mentor for assistance in the classroom.
       ``(10) School/higher education partnerships.--Developing 
     new models of teacher preparation that--
       ``(A) involve partnerships between schools and institutions 
     of higher education;
       ``(B) meet the requirements listed in subsection (d)(4); 
     and
       ``(C) offer leadership preparation that incorporates 
     recruitment, high-quality clinical experience, field 
     experiences, mentoring, and professional development.
       ``(f) Special Rule.--No individual member of an eligible 
     partnership shall retain more than 50 percent of the funds 
     made available to the partnership under this section.
       ``(g) Construction.--Nothing in this section shall be 
     construed to prohibit an eligible partnership from using 
     grant funds to coordinate with the activities of more than 1 
     Governor, State board of education, State educational agency, 
     local educational agency, or State agency for higher 
     education.

[[Page 7358]]



     ``SEC. 204. TEACHER RECRUITMENT GRANTS.

       ``(a) Program Authorized.--From amounts made available 
     under section 211(3) for a fiscal year, the Secretary is 
     authorized to award grants, on a competitive basis, to 
     eligible applicants to enable the eligible applicants to 
     carry out activities described in subsection (d).
       ``(b) Eligible Applicant Defined.--In this section, the 
     term `eligible applicant' means--
       ``(1) an eligible State described in section 202(b); or
       ``(2) an eligible partnership described in section 203.
       ``(c) Application.--Any eligible applicant desiring to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such form, and 
     containing such information as the Secretary may require, 
     including--
       ``(1) a description of the assessment that the eligible 
     applicant, and the other entities with whom the eligible 
     applicant will carry out the grant activities, have 
     undertaken to determine the most critical teaching needs of 
     the participating high-need local educational agencies;
       ``(2) a description of the activities the eligible 
     applicant will carry out with the grant and how such 
     activities will address the identified needs; and
       ``(3) a description of the eligible applicant's plan for 
     continuing the activities carried out with the grant, once 
     Federal funding ceases.
       ``(d) Uses of Funds.--Each eligible applicant receiving a 
     grant under this section shall use the grant funds--
       ``(1) to assist prospective and current teachers by 
     providing--
       ``(A) scholarships to help prospective teachers pay the 
     costs of tuition, room, board, and other expenses of 
     completing a teacher preparation program;
       ``(B) support services, if needed, to enable scholarship 
     recipients to complete postsecondary education programs;
       ``(C) opportunities for teachers who are not highly 
     qualified to become highly qualified through coursework, 
     credentialing courses, or other mechanisms; and
       ``(D) followup services to former scholarship recipients 
     during such recipients' first 3 years of teaching, including 
     providing mentoring by teachers who receive training and 
     compensation for the teachers' services; or
       ``(2) to develop and implement effective mechanisms, 
     including financial incentives, to ensure that high-need 
     local educational agencies and high-need schools are able to 
     effectively recruit and retain highly qualified teachers.
       ``(e) Service Requirements.--The Secretary shall establish 
     such requirements as the Secretary finds necessary to ensure 
     that recipients of scholarships under this section who 
     complete teacher preparation programs subsequently teach in a 
     high-need local educational agency, for a period of time 
     equivalent to the period for which the recipients receive 
     scholarship assistance, or repay the amount of the 
     scholarship. The Secretary shall use any such repayments to 
     carry out additional activities under this section.
       ``(f) Rural Education Recruitment and Retention Program.--
       ``(1) Findings.--Congress finds that rural school districts 
     face unique challenges in fulfilling the requirement that all 
     teachers be highly qualified, including challenges such as 
     low salaries, geographic and social isolation, housing 
     shortages, poor physical working conditions, a paucity of 
     teacher preparation programs targeted to rural schools, 
     limited opportunities for professional development, and the 
     necessity for teachers to teach more than 1 grade or subject.
       ``(2) Program authorized.--From amounts made available 
     under section 211(3) for a fiscal year, the Secretary is 
     authorized to award grants, on a competitive basis, to 
     eligible applicants for the purpose of addressing the teacher 
     recruitment and retention needs of eligible rural school 
     districts and consortia of eligible rural school districts.
       ``(3) Eligibility.--In this subsection, the term `eligible 
     rural school district' means a school district--
       ``(A) with a total of less than 600 students in average 
     daily attendance at the schools that are served by the 
     district; and
       ``(B) each of whose schools is designated with a school 
     locale code of 7 or 8.
       ``(4) Application.--An eligible applicant that desires to 
     receive a grant under this subsection shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     require.
       ``(5) Use of funds.--An eligible applicant that receives a 
     grant under this subsection may use the grant funds to 
     address the needs of eligible rural school districts through 
     implementing--
       ``(A) incentive teacher recruitment strategies, including 
     tuition assistance, student loan forgiveness, housing 
     assistance, a signing bonus, local programs that develop 
     recruitment strategies for secondary school students wanting 
     to return to the community as teachers, and a higher salary 
     or bonus for teaching high-need academic subjects, providing 
     high-need services, or teaching in high-need schools;
       ``(B) nonincentive teacher recruitment strategies, 
     including advertising, hiring teachers from alternative 
     programs, and recruiting online, from local populations, from 
     the substitute teacher list, or through a State teacher 
     clearinghouse or job bank;
       ``(C) teacher retention strategies, including mentoring 
     programs for teachers during the teachers' first 3 years of 
     teaching and ongoing opportunities for professional growth 
     and advancement; and
       ``(D) partnerships with institutions of higher education 
     designed to--
       ``(i) develop or strengthen a partnership focused on 
     preparing beginning teachers to teach in schools served by 
     eligible rural school districts; or
       ``(ii) assist teachers who are not highly qualified to 
     become highly qualified teachers through--

       ``(I) after-school or summer programs;
       ``(II) electronically delivered education (e-learning), 
     online, and distance learning technologies; and
       ``(III) flexible programs that enable multiple-subject 
     teachers to become highly qualified teachers.

     ``SEC. 205. ACADEMIC TEACHING CENTERS.

       ``(a) Program Authorized.--The Secretary is authorized to 
     award grants, on a competitive basis, to eligible applicants 
     to enable such applicants to create academic teaching 
     centers. Academic teaching centers shall--
       ``(1) promote excellence in the Nation's training of 
     prospective teachers by creating settings for the integration 
     of education and training, research, and evidence-based 
     practice; and
       ``(2) provide a system of practice-based support at initial 
     levels of preparation, training during the first years of 
     practice, and continued support in maintaining high levels of 
     skill mastery.
       ``(b) Definitions.--In this section:
       ``(1) Eligible applicant.--
       ``(A) In general.--The term `eligible applicant' means a 
     consortium composed of each of the following:
       ``(i) A school of education housed in an institution of 
     higher education.
       ``(ii) A college or school of arts and sciences within an 
     institution of higher education.
       ``(iii) Not less than 1 academic unit (such as a department 
     of psychology, a department of educational psychology, or a 
     department of human development) whose faculty focuses on 
     teaching and learning, developmental processes, and the 
     assessment of learning.
       ``(iv) Not less than 1 local educational agency that serves 
     a qualified school.
       ``(B) Inclusions.--The term `eligible applicant' may 
     include an academic unit not described in subparagraph 
     (A)(iii) whose faculty is able to contribute to the work of 
     an academic teaching center.
       ``(2) Qualified school.--The term `qualified school' means 
     a public elementary school or public secondary school (urban, 
     rural, or suburban), a school district, a campus school, a 
     charter school, or any combination or network of schools, 
     that--
       ``(A) is home to exemplary teachers who can provide high-
     quality mentoring and modeling to prospective teachers based 
     on a demonstrated record of student academic achievement; and
       ``(B) demonstrates a commitment to evidence-based teaching 
     confirmed by professional development offered to staff or by 
     documented experience with university collaborations.
       ``(c) Application Requirements.--An eligible applicant that 
     desires to receive a grant under this section shall submit to 
     the Secretary an application that demonstrates how the 
     proposed academic teaching center will--
       ``(1) ensure that prospective teachers will have 
     instruction in, and exposure to, scientific research derived 
     from the social and behavioral sciences and applied to 
     teaching and learning;
       ``(2) offer prospective teachers skill development 
     opportunities in evidence-based educational interventions;
       ``(3) include, involve, and utilize faculty from all 
     members of the eligible applicant in modeling the integration 
     of research and practice in the classroom;
       ``(4) foster real interdisciplinary collaboration and 
     cross-fertilization among and between--
       ``(A) education faculty;
       ``(B) prospective and current elementary school and 
     secondary school teachers;
       ``(C) faculty within an academic unit who focus on teaching 
     and learning, developmental processes, and the assessment of 
     learning, such as faculty from a department of psychology, 
     department of educational psychology, or department of human 
     development; and
       ``(D) faculty from disciplines within the institution of 
     higher education, including history, English, biology, 
     chemistry, foreign languages, and psychology;
       ``(5) enhance the ability of faculty in the school of 
     education, college or school of arts and sciences, and the 
     academic unit specified in paragraph (4)(C) to participate 
     more fully in elementary school or secondary school classroom 
     teaching;
       ``(6) afford novice teaching candidates opportunities for 
     rigorous, closely supervised internships in high-quality 
     teaching settings;
       ``(7) include mechanisms to assess the quality of teacher 
     preparation at the academic

[[Page 7359]]

     teaching center by the value the center adds to student 
     achievement, as assessed by objective measures of student 
     growth;
       ``(8) ensure that teachers who have participated in the 
     academic teaching center are highly qualified upon completion 
     of the teachers' degree; and
       ``(9) apply relevant scientific research on teaching and 
     learning.
       ``(d) Use of Funds.--An eligible applicant that receives a 
     grant under this section may use the grant funds to carry out 
     any of the following activities:
       ``(1) Program development, evaluation, and 
     accountability.--Funds may be used to--
       ``(A) develop and refine mechanisms to measure the value 
     added to student academic achievement by evidence-based 
     practice;
       ``(B) develop and refine mechanisms to measure the value 
     added to student academic achievement by teachers trained in 
     academic teaching centers;
       ``(C) develop mechanisms to evaluate acquisition of 
     clinical judgment, communication, and problemsolving skills 
     on the part of teacher candidates resulting from 
     participation in an academic teaching center;
       ``(D) develop professional programs to enhance teacher 
     candidates' communication with students, families, 
     colleagues, and other education professionals; and
       ``(E) develop mechanisms to observe, evaluate, and 
     reinforce ethical principles though formal instructional 
     efforts.
       ``(2) Curriculum development for use in developing teaching 
     skills.--Funds may be used to--
       ``(A) develop interactive teaching materials for the 
     attainment of teaching skills in classroom management; and
       ``(B) develop interactive materials regarding other 
     teaching skills, such as classroom assessment and 
     individualizing for student abilities and backgrounds, that 
     can be used at other field worksites and in education school 
     courses.
       ``(3) Support for participants.--Funds may be used to--
       ``(A) create and implement evidence-based curricula to be 
     piloted in academic teaching centers;
       ``(B) provide workload credit for master elementary school 
     or secondary school teachers to serve as adjunct faculty at 
     the academic teaching center; and
       ``(C) provide workload credit for faculty at the school of 
     education and the college or school of arts and sciences to 
     serve as adjunct faculty at the academic teaching center.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $10,000,000 for fiscal year 2004; and
       ``(2) such sums as may be necessary for each of the 5 
     succeeding fiscal years.

     ``SEC. 206. ADMINISTRATIVE PROVISIONS.

       ``(a) Duration; Payments.--
       ``(1) Duration.--
       ``(A) Eligible states and eligible applicants.--Grants 
     awarded to eligible States and eligible applicants under 
     sections 202, 204, and 205 shall be awarded for a period not 
     to exceed 3 years. If an eligible State or an eligible 
     applicant receives a grant under any of such sections, such 
     eligible State or eligible applicant may not receive an 
     additional grant under such section during the grant period. 
     After such grant period, such eligible State or such eligible 
     applicant may receive an additional grant under such section.
       ``(B) Eligible partnerships.--Grants awarded to eligible 
     partnerships under section 203 shall be awarded for a period 
     of 5 years. If an eligible partnership receives a grant under 
     such section, such eligible partnership may not receive an 
     additional grant under such section during the 5-year grant 
     period. After such grant period, such eligible partnership 
     may receive an additional grant under such section.
       ``(2) Payments.--The Secretary shall make annual payments 
     of grant funds awarded under this part.
       ``(b) Peer Review.--
       ``(1) Panel.--The Secretary shall provide the applications 
     submitted under this part to a peer review panel for 
     evaluation and shall ensure that each peer review panel 
     reflects the diversity of educational participants and 
     eligible grantees provided for in sections 202, 203, 204, and 
     205. With respect to each application, the peer review panel 
     shall initially recommend the application for funding or for 
     disapproval.
       ``(2) Priority.--In recommending applications to the 
     Secretary for funding under this part, the panel shall, with 
     respect to grants under sections 202, 203, and 204, give 
     priority to eligible States and eligible partnerships--
       ``(A) whose applications involve the development of 
     innovative efforts aimed at reducing the shortage of highly 
     qualified teachers from underrepresented groups, in high-need 
     academic subjects, in high-need services, in high-need rural 
     and urban areas, and in high-need schools;
       ``(B) whose awards promote an equitable geographic 
     distribution of grants throughout the United States; and
       ``(C) whose awards promote an equitable geographic 
     distribution of grants among rural and urban areas.
       ``(3) Secretarial selection.--The Secretary shall 
     determine, based on the peer review process, which 
     applications shall receive funding and the amounts of the 
     grants. In determining grant amounts, the Secretary shall 
     take into account the total amount of funds available for all 
     grants under this part and the types of activities proposed 
     to be carried out.
       ``(c) Matching Requirements.--
       ``(1) State grants.--Each State served by an eligible State 
     that receives a grant under section 202 or 204 shall provide, 
     from non-Federal sources, an amount equal to 50 percent of 
     the amount of the grant (in cash or in kind) to carry out the 
     activities supported by the grant.
       ``(2) Partnership grants.--Each eligible partnership 
     receiving a grant under section 203 or 204 shall provide, 
     from non-Federal sources (in cash or in kind), an amount 
     equal to 25 percent of the grant for the first year of the 
     grant, 35 percent of the grant for the second year of the 
     grant, and 50 percent of the grant for each succeeding year 
     of the grant.
       ``(d) Limitation on Administrative Expenses.--An eligible 
     State or eligible partnership that receives a grant under 
     this part may not use more than 2 percent of the grant funds 
     for purposes of administering the grant.
       ``(e) Teacher Qualifications Provided to Parents Upon 
     Request.--Any local educational agency or school that 
     benefits from the activities assisted under this part shall 
     make available, upon request and in an understandable and 
     uniform format, to any parent of a student attending any 
     school served by the local educational agency, information 
     regarding the professional qualification of the student's 
     classroom teacher with regard to the subject matter in which 
     the teacher provides instruction. The local educational 
     agency shall inform parents that the parents are entitled to 
     receive the information upon request.
       ``(f) Technical Assistance.--For each fiscal year, the 
     Secretary may expend not more than $500,000 or 0.75 percent 
     of the funds appropriated to carry out this title, whichever 
     amount is greater, to provide technical assistance to 
     entities receiving grants under this part.

     ``SEC. 207. ACCOUNTABILITY AND EVALUATION.

       ``(a) State Grant Accountability Report.--An eligible State 
     that receives a grant under section 202 shall submit an 
     annual accountability report to the Secretary. Such report 
     shall include a description of the degree to which the 
     eligible State, in using funds provided under such section, 
     has made substantial progress in meeting the following goals:
       ``(1) Highly qualified teachers.--Ensuring that all 
     teachers teaching in core academic subjects within the State 
     are highly qualified not later than the end of the 2005-2006 
     school year, as required under section 1119 of the Elementary 
     and Secondary Education Act of 1965.
       ``(2) Student academic achievement.--Improving academic 
     achievement for all students.
       ``(3) Raising standards.--Raising the State academic 
     standards required to enter the teaching profession, 
     including, where appropriate, through the use of incentives 
     to incorporate the requirement of an academic major in the 
     subject, or related discipline, in which the teacher plans to 
     teach.
       ``(4) Initial certification or licensure.--Increasing the 
     pass rate for initial State teacher certification or 
     licensure, or increasing the number of highly competent 
     individuals being certified or licensed as teachers through 
     traditional and alternative programs.
       ``(5) Decreasing teacher shortages.--Decreasing shortages 
     of qualified teachers from underrepresented groups, in high-
     need academic subjects, in high-need services, in high-need 
     areas, and in high-need schools.
       ``(6) Increasing teacher retention.--Increasing teacher 
     retention in the first 3 years of a teacher's career.
       ``(7) Increasing opportunities for professional 
     development.--Increasing opportunities for enhanced and 
     ongoing professional development that improves the academic 
     content knowledge of teachers in the subject areas in which 
     the teachers are certified or licensed to teach or in which 
     the teachers are working toward certification or licensure to 
     teach, and that promotes strong teaching skills.
       ``(8) Technology integration.--Increasing the number of 
     teachers trained in the appropriate use of technology as an 
     instructional tool.
       ``(b) Eligible Partnership Evaluation.--Each eligible 
     partnership applying for a grant under section 203 shall 
     establish and include in the application submitted under 
     section 203, an evaluation plan that includes strong 
     performance objectives. The plan shall include objectives and 
     measures for--
       ``(1) increasing the percentage of highly qualified 
     teachers;
       ``(2) improving academic achievement for all students;
       ``(3) increasing the pass rate for initial State teacher 
     certification or licensure for individuals from traditional 
     and alternative teacher preparation programs;
       ``(4) decreasing shortages of highly qualified teachers 
     among underrepresented groups, in high-need academic 
     subjects, in

[[Page 7360]]

     high-need services, in high-need areas, and in high-need 
     schools;
       ``(5) increasing teacher retention in the first 3 years of 
     a teacher's career;
       ``(6) increasing opportunities for enhanced and ongoing 
     professional development that enables teachers already in the 
     classroom and teacher educators to upgrade such teachers' and 
     educators' skills and knowledge; and
       ``(7) increasing the number of teachers trained in the 
     appropriate use of technology as an instructional tool.
       ``(c)  Revocation of Grant.--
       ``(1) Report.--Each eligible State or eligible partnership 
     receiving a grant under this part shall report annually to 
     the Secretary on the progress of the eligible State or 
     eligible partnership toward meeting the purposes of this part 
     and the goals, objectives, and measures described in 
     subsections (a) and (b).
       ``(2) Revocation.--
       ``(A) Eligible states and eligible applicants.--If the 
     Secretary determines that an eligible State or eligible 
     applicant (as defined under section 204 or 205) is not making 
     substantial progress in meeting the purposes, goals, 
     objectives, and measures, as appropriate, by the end of the 
     second year of a grant under this part, then the grant 
     payment shall not be made for the third year of the grant.
       ``(B) Eligible partnerships.--If the Secretary determines 
     that an eligible partnership is not making substantial 
     progress in meeting the purposes, goals, objectives, and 
     measures, as appropriate, by the end of the third year of a 
     grant under this part, then the grant payments shall not be 
     made for any succeeding year of the grant.
       ``(d) Evaluation and Dissemination.--The Secretary shall 
     evaluate the activities funded under this part and report the 
     Secretary's findings regarding the activities to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Education and the Workforce of 
     the House of Representatives. The Secretary shall broadly 
     disseminate successful practices developed by eligible States 
     and eligible partnerships under this part, and shall broadly 
     disseminate information regarding such practices that were 
     found to be ineffective.

     ``SEC. 208. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE 
                   TEACHERS.

       ``(a) High-Quality Teacher Preparation Program.--Each 
     applicant for a grant under this part shall provide 
     assurances that the applicant will provide prospective 
     teachers with the following:
       ``(1) Knowledge of--
       ``(A) the arts and sciences;
       ``(B) the science of teaching and learning;
       ``(C) research on school impact on student learning; and
       ``(D) the academic content areas in which the teachers plan 
     to teach.
       ``(2) Teaching skills that enable the teachers to--
       ``(A) enhance student academic achievement;
       ``(B) promote the ability of students to apply knowledge 
     and research findings;
       ``(C) provide effective instruction in subject matter 
     content;
       ``(D) implement ongoing assessment of student learning and 
     the use of such assessment for evaluation of curriculum and 
     instructional practices;
       ``(E) identify and address individual differences in 
     ability and instructional needs;
       ``(F) address the instructional needs of students with 
     limited-English proficiency and students with disabilities 
     within both the general education and special education 
     curricula;
       ``(G) employ effective classroom management strategies;
       ``(H) use technology effectively in the classroom; and
       ``(I) reflect on practices to improve teaching 
     effectiveness and student learning.
       ``(3) Opportunities to--
       ``(A) apply the teachers' knowledge and skills in the 
     classroom;
       ``(B) collaborate with colleagues, parents, community 
     members, and other educators; and
       ``(C) work in partnership with parents to advance their 
     children's education.
       ``(b) State Report Card on the Quality of Teacher 
     Preparation.--Each State that receives funds under this Act 
     shall provide to the Secretary, on an annual basis and in a 
     uniform and comprehensible manner that conforms with the 
     definitions and reporting methods developed by the State for 
     teacher preparation programs, a State report card on the 
     quality of teacher preparation in the State, which shall 
     include at least the following:
       ``(1) A description of the teacher certification and 
     licensure assessments, and any other certification and 
     licensure requirements, used by the State. Such assessments 
     shall--
       ``(A) be used for purposes for which such assessments are 
     valid and reliable;
       ``(B) be consistent with relevant, nationally recognized 
     professional and technical standards;
       ``(C) be aligned with the reporting requirements of this 
     section and section 207; and
       ``(D) allow for accurate and consistent reporting on 
     teacher preparation programs.
       ``(2) The standards and criteria that prospective teachers 
     must meet in order to attain initial teacher certification or 
     licensure and to be certified or licensed to teach particular 
     subjects or in particular grades within the State. Such 
     standards and criteria shall incorporate the qualifications 
     specified in subsection (a).
       ``(3) A description of the extent to which the assessments 
     and requirements described in paragraph (1) are aligned with 
     the State's standards and assessments for students.
       ``(4) The percentage of prospective teachers who have 
     completed 100 percent of the coursework required by a teacher 
     preparation program at an institution of higher education or 
     alternative certification program and who have taken and 
     passed each of the assessments used by the State for teacher 
     certification and licensure, and the passing score on each 
     assessment that determines whether a candidate has passed 
     that assessment, both of which shall be made available widely 
     and publicly.
       ``(5) Information on the extent to which teachers in the 
     State are given waivers of State certification or licensure 
     requirements, including the proportion of such teachers 
     distributed across high- and low-poverty school districts and 
     across subject areas.
       ``(6) A description of each State's alternative routes to 
     teacher certification, if any, and standards and criteria 
     used by the State for certification or licensure, including 
     indicators of teacher candidate skills and academic content 
     knowledge and of evidence of gains in student academic 
     achievement, and the number and percentage of teachers 
     certified through each alternative route who pass State 
     teacher certification or licensure assessments.
       ``(7) For each State, a description of proposed criteria 
     for assessing the performance of teacher preparation programs 
     in the State, including indicators of candidate academic 
     content knowledge and teaching skills.
       ``(8) For each teacher preparation program in the State, 
     the number of prospective teachers in the program, the 
     average number of hours of supervised practice teaching 
     required for those in the program, and the number of full-
     time and part-time faculty, excluding graduate students and 
     clinical supervisors who are not on faculty, and prospective 
     teachers in supervised practice teaching.
       ``(9) Information on the extent to which teachers or 
     prospective teachers in each State are required to take 
     examinations or other assessments of their subject matter 
     knowledge in the area or areas in which the teachers provide 
     instruction, the standards established for passing any such 
     assessments, and the extent to which teachers or prospective 
     teachers are required to receive a passing score on such 
     assessments in order to teach in specific subject areas or 
     grade levels.
       ``(10) Information on the data systems developed or 
     expanded by the State under section 202(d)(2), including a 
     description of the systems and an analysis of procedures used 
     by the State regarding such systems.
       ``(11) Information on pilot studies conducted under section 
     202(d)(1)(B)(iii), if applicable, including a list of teacher 
     preparation programs (including alternative routes to 
     certification) that participated in such studies, the 
     procedures used to provide evidence that graduates of teacher 
     preparation programs (including those who complete 
     alternative routes to certification) are effective at 
     improving student achievement, and other findings relevant to 
     the impact of teacher preparation programs on student 
     achievement.
       ``(c) Report of the Secretary on the Quality of Teacher 
     Preparation.--
       ``(1) Report card.--The Secretary shall provide to 
     Congress, and publish and make widely available, a report 
     card on teacher qualifications and preparation in the United 
     States, including all the information reported in paragraphs 
     (1) through (11) of subsection (b). Such report shall 
     identify States for which eligible States and eligible 
     partnerships received a grant under this part. Such report 
     shall be so provided, published, and made available annually.
       ``(2) Report to congress.--The Secretary shall report to 
     Congress--
       ``(A) a comparison of States' efforts to improve teaching 
     quality;
       ``(B) regarding the national mean and median scores on any 
     standardized test that is used in more than 1 State for 
     teacher certification or licensure;
       ``(C) a description of data systems developed or expanded 
     by States pursuant to section 202(d)(2) and an analysis of 
     procedures used in different States regarding such systems; 
     and
       ``(D) a description of pilot studies undertaken by States 
     pursuant to section 202(d)(1)(B)(iii) and an analysis of 
     procedures used in different States regarding such studies.
       ``(3) Special rule.--In the case of teacher preparation 
     programs with fewer than 10 prospective teachers who have 
     completed 100 percent of the coursework required by a teacher 
     preparation program taking any single initial teacher 
     certification or licensure assessment during an academic 
     year, the

[[Page 7361]]

     Secretary shall collect and publish information with respect 
     to an average pass rate on State certification or licensure 
     assessments taken over a 3-year period.
       ``(4) Database.--The Secretary shall collect data and 
     develop a national and public database that provides reports 
     on States' passage rates on certification and licensure 
     assessments, the placement rates for teacher preparation 
     programs, the percentage of full-time faculty in institutions 
     of higher education in each State who teach classes offered 
     by a school, college, or department of education, the 
     tracking of graduates 5 years after graduating from a teacher 
     preparation program, and other relevant information, as 
     appropriate.
       ``(d) Coordination.--The Secretary, to the extent 
     practicable, shall coordinate the information collected and 
     published under this part among States for individuals who 
     took State teacher certification or licensure assessments in 
     a State other than the State in which the individual received 
     the individual's most recent degree.
       ``(e) Institutional and Program Report Cards on Quality of 
     Teacher Preparation.--
       ``(1) Report card.--Each institution of higher education or 
     alternative certification program that conducts a teacher 
     preparation program that enrolls prospective teachers 
     receiving Federal assistance under this Act shall report 
     annually to the State and the general public, in a uniform 
     and comprehensible manner that conforms with the definitions 
     and reporting methods developed by the State for teacher 
     preparation programs, the following information:
       ``(A) Pass rate.--(i) For the most recent year for which 
     the information is available, the pass rate for each 
     prospective teacher who has completed 100 percent of the 
     coursework required by the teacher preparation program on the 
     teacher certification or licensure assessments of the State 
     in which the institution or alternative certification program 
     is located, but only for those prospective teachers who took 
     those assessments within 3 years of completing the 
     coursework.
       ``(ii) A comparison of the institution's or alternative 
     certification program's pass rate for prospective teachers 
     who have completed 100 percent of the coursework at the 
     teacher preparation program with the average pass rate for 
     institutions and alternative certification programs in the 
     State.
       ``(iii) In the case of teacher preparation programs with 
     fewer than 10 graduates who have completed 100 percent of the 
     coursework required by the program taking any single initial 
     teacher certification or licensure assessment during an 
     academic year, the institution or alternative certification 
     program shall collect and publish information with respect to 
     an average pass rate on State certification or licensure 
     assessments taken over a 3-year period.
       ``(B) Program information.--The number of prospective 
     teachers in the program, the average number of hours of 
     supervised practice teaching required for those in the 
     program, and the number of full-time equivalent faculty and 
     prospective teachers in supervised practice teaching.
       ``(C) Statement.--In States that require approval or 
     accreditation of teacher education programs, a statement of 
     whether the institution's teacher preparation program or 
     alternative certification program's teacher preparation 
     program is so approved or accredited, by the State and any 
     other entities, as applicable.
       ``(D) Designation as low-performing.--Whether the program 
     has been designated as low-performing by the State under 
     section 209(a).
       ``(2) Requirement.--The information described in paragraph 
     (1) shall be reported through publications such as school 
     catalogs and promotional materials sent to potential 
     applicants, secondary school guidance counselors, and 
     prospective employers of the institution's or alternative 
     certification program's teacher preparation program 
     graduates, including materials sent by electronic means.
       ``(3) Fines.--In addition to the actions authorized in 
     section 487(c), the Secretary may impose a fine not to exceed 
     $25,000 on an institution of higher education or an 
     alternative certification program for failure to provide the 
     information described in this subsection in a timely or 
     accurate manner.
       ``(f) Data Quality.--The eligible State shall attest 
     annually, in writing, as to the reliability, validity, 
     integrity, and accuracy of the data submitted pursuant to 
     this section.
       ``(g) National Academy of Sciences Core Curriculum Study.--
       ``(1) In general.--The Secretary shall seek to enter into a 
     contract with the National Academy of Sciences to conduct a 
     2-year study to develop a suggested core curriculum for 
     States to use as guidance when developing their program 
     standards for teacher preparation programs in their State. 
     The core curriculum shall address the pedagogical 
     requirements of teacher preparation programs and assist those 
     within the education profession and prospective teachers to 
     understand what prospective teachers need to know to become 
     effective teachers.
       ``(2) Domains of foundational and pedagogical knowledge.--
     The study conducted pursuant to paragraph (1) shall include 
     each of the following domains of foundational and pedagogical 
     knowledge:
       ``(A) Learning, which would include building on existing 
     knowledge and experience shaped by social and cultural 
     context in the community and in the classroom.
       ``(B) Human development, which would include how children 
     and adolescents think and behave, taking in account different 
     ages, contexts, and learning styles.
       ``(C) Assessment, which would include the introduction of 
     standards-based reform.
       ``(D) Teaching skills, which would include providing all 
     teachers with the tools needed to be successful in the 
     classroom and to meet the instructional needs of students 
     with disabilities and students with limited-English 
     proficiency.
       ``(E) Reading instruction, which would include taking in 
     account different ages, contexts, and learning styles.
       ``(3) Best research; suggested training.--The suggested 
     core curriculum developed pursuant to paragraph (1) shall--
       ``(A) reflect the best research into how students learn, on 
     content-specific methods shown to be effective with students, 
     and on effective gap-closing criteria; and
       ``(B) include preparation in working with diverse 
     populations, interacting with parents, assessing classroom 
     performance, and managing student behavior.
       ``(4) Collaboration.--
       ``(A) In general.--In conducting the study under paragraph 
     (1), the National Academy of Sciences shall collaborate with 
     interested parties in developing the suggested core 
     curriculum.
       ``(B) Interested parties.--In this paragraph, the term 
     `interested parties' means--
       ``(i) college presidents;
       ``(ii) deans of teacher education programs;
       ``(iii) teacher preparation faculty;
       ``(iv) chief State school officers;
       ``(v) school superintendents;
       ``(vi) teacher organizations;
       ``(vii) exemplary teachers;
       ``(viii) teacher preparation accrediting organizations;
       ``(ix) nonprofit education organizations;
       ``(x) organizations or associations representing the 
     scientific disciplines associated with teaching and learning; 
     and
       ``(xi) other entities determined appropriate by the 
     National Academy of Sciences.

     ``SEC. 209. STATE FUNCTIONS.

       ``(a) State Assessment.--In order to receive funds under 
     this Act, a State shall develop a procedure to identify, and 
     assist, through the provision of technical assistance, low-
     performing programs of teacher preparation within 
     institutions of higher education. Such State shall provide 
     the Secretary an annual list of such low-performing 
     institutions that includes an identification of those 
     institutions at-risk of being placed on such list. Such 
     levels of performance shall be determined solely by the State 
     and may include criteria based upon information collected 
     pursuant to this part. Such assessment shall be described in 
     the report under section 208(b).
       ``(b) Termination of Eligibility.--Any institution of 
     higher education that offers a program of teacher preparation 
     in which the State has withdrawn the State's approval or 
     terminated the State's financial support due to the low 
     performance of the institution's teacher preparation program 
     based upon the State assessment described in subsection (a)--
       ``(1) shall be ineligible for any funding for professional 
     development activities awarded by the Department of 
     Education;
       ``(2) shall not be permitted to accept or enroll any 
     prospective teacher who receives aid under title IV of this 
     Act in the institution's teacher preparation program; and
       ``(3) shall provide transitional support, including 
     remedial services if necessary, for prospective teachers 
     enrolled at the institution at the time of termination of 
     financial support or withdrawal of approval.
       ``(c) Negotiated Rulemaking.--The Secretary shall engage in 
     a negotiated rulemaking process with representatives of 
     States, institutions of higher education, and educational and 
     student organizations when developing regulations to carry 
     out subsection (b)(2).

     ``SEC. 210. GENERAL PROVISIONS.

       ``(a) Methods.--In complying with sections 208 and 209, the 
     Secretary shall ensure that States and institutions of higher 
     education use fair and equitable methods in reporting and 
     that the reporting methods protect the privacy of 
     individuals.
       ``(b) Special Rule.--For each State in which there are no 
     State certification or licensure assessments, or for States 
     that do not set minimum performance levels on those 
     assessments--
       ``(1) the Secretary shall, to the extent practicable, 
     collect data comparable to the data required under this part 
     from States, local educational agencies, institutions of 
     higher education, or other entities that administer such 
     assessments to teachers or prospective teachers; and
       ``(2) notwithstanding any other provision of this part, the 
     Secretary shall use such data to carry out requirements of 
     this part related to assessments or pass rates.
       ``(c) National System of Teacher Certification 
     Prohibited.--Nothing in this part

[[Page 7362]]

     shall be construed to permit, allow, encourage, or authorize 
     the Secretary to establish or support any national system of 
     teacher certification.
       ``(d) Release of Information to Teacher Preparation 
     Programs.--
       ``(1) In general.--For the purpose of improving teacher 
     preparation programs, a State educational agency shall 
     provide to a teacher preparation program, upon the request of 
     the teacher preparation program, any and all pertinent 
     education-related information that--
       ``(A) may enable the teacher preparation program to 
     evaluate the effectiveness of the program's graduates or the 
     program itself; and
       ``(B) is possessed, controlled, or accessible by the State 
     educational agency.
       ``(2) Content of information.--The information described in 
     paragraph (1)--
       ``(A) shall include an identification of specific 
     individuals who graduated from the teacher preparation 
     program to enable the teacher preparation program to evaluate 
     the information provided to the program from the State 
     educational agency with the program's own data about the 
     specific courses taken by, and field experiences of, the 
     individual graduates; and
       ``(B) may include--
       ``(i) kindergarten through grade 12 academic achievement 
     and demographic data, without individual identifying 
     information, for students who have been taught by graduates 
     of the teacher preparation program; and
       ``(ii) teacher effectiveness evaluations for teachers who 
     graduated from the teacher preparation program.
       ``(3) Privacy.--Actions taken pursuant to paragraph (1) 
     shall not be considered a violation of section 444 of the 
     General Education Provisions Act or of the individual's 
     privacy pursuant to any other provision of law. Any 
     information obtained by a teacher preparation program in 
     accordance with this section shall be considered a part of 
     the graduate's education records and shall be protected as 
     such.

     ``SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $500,000,000 for fiscal year 2004 and such sums as may 
     be necessary for each of the 5 succeeding fiscal years, of 
     which--
       ``(1) 20 percent shall be available for each fiscal year to 
     award grants under section 202;
       ``(2) 60 percent shall be available for each fiscal year to 
     award grants under section 203; and
       ``(3) 20 percent shall be available for each fiscal year to 
     award grants under section 204.''.
       (b) Preparing Tomorrow's Teachers To Use Technology.--Part 
     B of title II of the Higher Education Act of 1965 (20 U.S.C. 
     1041 et seq.) is amended to read as follows:

       ``PART B--PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY

     ``SEC. 221. PURPOSE AND PROGRAM AUTHORITY.

       ``(a) Purpose.--It is the purpose of this part to assist 
     consortia of public and private entities--
       ``(1) to carry out programs that prepare prospective 
     teachers to use advanced technology to prepare all students 
     to meet challenging State and local academic content and 
     student academic achievement standards; and
       ``(2) to improve the ability of institutions of higher 
     education to carry out such programs.
       ``(b) Program Authority.--
       ``(1) In general.--The Secretary is authorized to award 
     grants to eligible applicants, or enter into contracts or 
     cooperative agreements with eligible applicants, on a 
     competitive basis in order to pay for the Federal share of 
     the cost of projects to develop or redesign teacher 
     preparation programs to enable prospective teachers to use 
     advanced technology effectively in their classrooms.
       ``(2) Distribution.--In awarding grants, or entering into 
     contracts or cooperative agreements under this part, the 
     Secretary shall ensure an equitable distribution of financial 
     assistance among eligible applicants located in urban and 
     rural areas of the United States.
       ``(3) Period of awards.--The Secretary may award grants, or 
     enter into contracts or cooperative agreements, under this 
     part for periods that are not more than 5 years in duration.

     ``SEC. 222. ELIGIBILITY.

       ``(a) Eligible Applicants.--In order to receive a grant or 
     enter into a contract or cooperative agreement under this 
     part, an applicant shall be a consortium that includes the 
     following:
       ``(1) At least 1 institution of higher education that 
     awards baccalaureate degrees and prepares teachers for their 
     initial entry into teaching.
       ``(2) At least 1 State educational agency or local 
     educational agency.
       ``(3) One or more of the following entities:
       ``(A) An institution of higher education (other than the 
     institution described in paragraph (1)).
       ``(B) A school or department of education at an institution 
     of higher education.
       ``(C) A school or college of arts and sciences (as defined 
     in section 201) at an institution of higher education.
       ``(D) A professional association, foundation, museum, 
     library, for-profit business, public or private nonprofit 
     organization, community-based organization, or other entity, 
     with the capacity to contribute to the technology-related 
     reform of teacher preparation programs.
       ``(b) Application Requirements.--In order to receive a 
     grant or enter into a contract or cooperative agreement under 
     this part, an eligible applicant shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require. Such 
     application shall include the following:
       ``(1) A description of the proposed project, including how 
     the project would--
       ``(A) ensure that individuals participating in the project 
     would be prepared to use advanced technology to prepare all 
     students, including groups of students who are 
     underrepresented in technology-related fields and groups of 
     students who are economically disadvantaged, to meet 
     challenging State and local academic content and student 
     academic achievement standards; and
       ``(B) improve the ability of at least 1 participating 
     institution of higher education described in section 
     222(a)(1) to ensure such preparation.
       ``(2) A demonstration of--
       ``(A) the commitment, including the financial commitment, 
     of each of the members of the consortium for the proposed 
     project; and
       ``(B) the active support of the leadership of each 
     organization that is a member of the consortium for the 
     proposed project.
       ``(3) A description of how each member of the consortium 
     will participate in project activities.
       ``(4) A description of how the proposed project will be 
     continued after Federal funds are no longer awarded under 
     this part for the project.
       ``(5) A plan for the evaluation of the project, which shall 
     include benchmarks to monitor progress toward specific 
     project objectives.
       ``(c) Matching Requirements.--
       ``(1) In general.--The Federal share of the cost of any 
     project funded under this part shall not exceed 50 percent. 
     Except as provided in paragraph (2), the non-Federal share of 
     the cost of such project may be provided in cash or in kind, 
     fairly evaluated, including services.
       ``(2) Acquisition of equipment.--Not more than 10 percent 
     of the funds awarded for a project under this part may be 
     used to acquire equipment, networking capabilities, or 
     infrastructure, and the non-Federal share of the cost of any 
     such acquisition shall be provided in cash.

     ``SEC. 223. USE OF FUNDS.

       ``(a) Required Uses.--A consortium that receives a grant or 
     enters into a contract or cooperative agreement under this 
     part shall use funds made available under this part for--
       ``(1) a project creating 1 or more programs that prepare 
     prospective teachers to use advanced technology to prepare 
     all students, including groups of students who are 
     underrepresented in technology-related fields and groups of 
     students who are economically disadvantaged, to meet 
     challenging State and local academic content and student 
     academic achievement standards; and
       ``(2) evaluating the effectiveness of the project.
       ``(b) Permissible Uses.--The consortium may use funds made 
     available under this part for a project, described in the 
     application submitted by the consortium under this part, that 
     carries out the purpose of this part, such as the following:
       ``(1) Developing and implementing high-quality teacher 
     preparation programs that enable educators--
       ``(A) to learn the full range of resources that can be 
     accessed through the use of technology;
       ``(B) to integrate a variety of technologies into curricula 
     and instruction in order to expand students' knowledge;
       ``(C) to evaluate educational technologies and their 
     potential for use in instruction;
       ``(D) to help students develop their technical skills; and
       ``(E) to use technology to collect, manage, and analyze 
     data to improve teaching, learning, and decisionmaking for 
     the purpose of increasing student academic achievement.
       ``(2) Developing and implementing high-quality teacher 
     preparation programs that prepare educators in--
       ``(A) the uses and application of technology, including 
     universally designed technologies, assistive technology 
     devices, and assistive technology services; and
       ``(B) maximizing access for students with disabilities to 
     participate in the general education curriculum through the 
     use of such technology.
       ``(3) Developing alternative teacher development paths that 
     provide elementary schools and secondary schools with well-
     prepared, technology-proficient educators.
       ``(4) Developing achievement-based standards and 
     assessments aligned with the standards to measure the 
     capacity of prospective teachers to use technology 
     effectively in their classrooms.
       ``(5) Providing technical assistance to entities carrying 
     out other teacher preparation programs.

[[Page 7363]]

       ``(6) Developing and disseminating resources and 
     information in order to assist institutions of higher 
     education to prepare teachers to use technology effectively 
     in their classrooms.
       ``(7) Subject to section 222(c)(2), acquiring technology 
     equipment, networking capabilities, infrastructure, software, 
     and digital curricula to carry out the project.

     ``SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part--
       ``(1) $200,000,000 for fiscal year 2004; and
       ``(2) such sums as may be necessary for each of the 5 
     succeeding fiscal years.''.
       (c) Centers of Excellence.--
       (1) In general.--Title II of the Higher Education Act of 
     1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end 
     the following:

                    ``PART C--CENTERS OF EXCELLENCE

     ``SEC. 231. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are--
       ``(1) to help recruit, prepare, and retain teachers, 
     including minority teachers, to meet the national demand for 
     a highly qualified teacher in every classroom;
       ``(2) to help recruit, prepare, and retain principals 
     (including minority principals and assistant principals) to 
     address the shortage of principals in our Nation's public 
     elementary schools and secondary schools; and
       ``(3) to increase opportunities for Americans of all 
     educational, ethnic, class, and geographic backgrounds to 
     become highly qualified teachers and principals.
       ``(b) Definitions.--In this part:
       ``(1) Eligible institution.--The term `eligible 
     institution' means--
       ``(A) an institution of higher education--
       ``(i) that has a teacher preparation program that meets the 
     requirements of such a program under section 203(b)(2);
       ``(ii) that is--

       ``(I) a part B institution (as defined in section 322);
       ``(II) a Hispanic-serving institution (as defined in 
     section 502);
       ``(III) a Tribal College or University (as defined in 
     section 316);
       ``(IV) an Alaska Native-serving institution (as defined in 
     section 317);
       ``(V) a Native Hawaiian-serving institution (as defined in 
     section 317); or
       ``(VI) an institution determined by the Secretary to have 
     enrolled a substantial number of minority, low-income 
     students during the previous academic year who received 
     assistance under subpart 1 of part A of title IV for that 
     year; and

       ``(iii) that has not received a grant under this part 
     during the 5-year period preceding the date the institution 
     applies for a grant under this part;
       ``(B) a consortium of institutions described in 
     subparagraph (A); or
       ``(C) an institution described in subparagraph (A), or a 
     consortium described in subparagraph (B), in partnership with 
     any other institution of higher education, but only if the 
     center of excellence established under section 232 is located 
     at an institution described in subparagraph (A).
       ``(2) Highly qualified.--The term `highly qualified' has 
     the meaning given such term in section 9101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(3) Scientifically based research.--The term 
     `scientifically based research' has the meaning given such 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       ``(4) Teaching skills.--The term `teaching skills' means 
     skills--
       ``(A) grounded in the science of teaching and learning that 
     teachers use to create effective instruction in subject 
     matter content and that lead to student achievement and the 
     ability to apply knowledge; and
       ``(B) that require an understanding of the learning process 
     itself, including an understanding of--
       ``(i) the use of strategies specific to the subject matter;
       ``(ii) ongoing assessment of student learning and the use 
     of such assessment for evaluation of curriculum and 
     instructional practices;
       ``(iii) identification of individual differences in ability 
     and instructional needs;
       ``(iv) the use of strategies that will meet the 
     instructional needs of students with disabilities and 
     students with limited-English proficiency;
       ``(v) classroom management; and
       ``(vi) interaction with parents and others to promote 
     student learning.

     ``SEC. 232. CENTERS OF EXCELLENCE.

       ``(a) Program Authorized.--From the amounts appropriated to 
     carry out this part, the Secretary shall award competitive 
     grants to eligible institutions to establish centers of 
     excellence.
       ``(b) Application.--Any eligible institution desiring a 
     grant under this part shall submit an application to the 
     Secretary at such a time, in such a manner, and accompanied 
     by such information the Secretary may require.
       ``(c) Use of Funds.--
       ``(1) Required uses.--An eligible institution that receives 
     a grant under this part shall use the grant funds to 
     establish a center of excellence that shall ensure that 
     current and future teachers are highly qualified, by carrying 
     out 1 or more of the following activities:
       ``(A) Implementing reforms within teacher preparation 
     programs to ensure that such programs are preparing teachers 
     who are highly qualified, are able to understand 
     scientifically based research, and are able to use advanced 
     technology effectively in the classroom, including use of 
     instructional techniques to improve student academic 
     achievement, by--
       ``(i) developing and implementing programs that enhance the 
     competencies of faculty to reflect advances in theory, 
     research, and practice; and
       ``(ii) designing or redesigning teacher preparation 
     programs that--

       ``(I) prepare teachers to close student achievement gaps;
       ``(II) prepare teachers to utilize scientifically based 
     research and rigorous academic content and to teach rigorous 
     academic content and challenging State academic content 
     standards; and
       ``(III) promote strong teaching skills.

       ``(B) Providing sustained and high-quality preservice 
     clinical experience, including the mentoring of prospective 
     teachers and principals by exemplary teachers and principals, 
     respectively; substantially increasing interaction between 
     faculty at institutions of higher education and new and 
     experienced teachers, principals, and other administrators at 
     elementary schools or secondary schools; providing support, 
     including preparation time, for such interaction.
       ``(C) Developing and implementing initiatives to promote 
     retention of highly qualified teachers and principals, 
     particularly minority teachers and principals, including 
     programs that provide--
       ``(i) teacher or principal mentoring from exemplary 
     teachers or principals, respectively; or
       ``(ii) induction and support for teachers and principals 
     during their first 3 years of employment as teachers or 
     principals, respectively.
       ``(2) Permissible uses.--An eligible institution that 
     receives a grant under this part may use a portion of the 
     grant funds to carry out 1 or more of the following 
     activities:
       ``(A) Awarding scholarships based on financial need to help 
     students pay the costs of tuition, room, board, and other 
     expenses of completing a teacher preparation program or 
     principal preparation program.
       ``(B) Disseminating information on effective practices for 
     teacher preparation and induction and successful teacher 
     certification and licensure assessment preparation 
     strategies.
       ``(C) Disseminating information on effective practices for 
     principal preparation, successful principal certification and 
     licensure preparation strategies, and successful principal 
     induction.
       ``(D) Activities authorized under sections 202, 203, and 
     204.
       ``(d) Minimum Grant Amount.--The minimum amount of each 
     grant under this part shall be $500,000.
       ``(e) Duration.--Grants awarded under this part shall be 
     for a period of 3 years.
       ``(f) Disbursement.--An eligible institution that receives 
     a grant under this part shall receive--
       ``(1) 60 percent of the grant award during the first year 
     of the grant period;
       ``(2) 25 percent of the grant award during the second year 
     of the grant period; and
       ``(3) 15 percent of the grant award during the third year 
     of the grant period.
       ``(g) Matching Requirement.--
       ``(1) In general.--Each eligible institution that receives 
     a grant under this part shall provide matching funds, from 
     non-Federal sources that may be in cash or in the form of in-
     kind contributions, in an amount equal to--
       ``(A) 25 percent of the grant award for the first year of 
     the grant;
       ``(B) 35 percent of the grant award for the second year of 
     the grant; and
       ``(C) 50 percent of the grant award for the third year of 
     the grant.
       ``(2) Waiver.--The Secretary may waive the matching 
     requirement under paragraph (1) for an eligible institution 
     if the Secretary determines, based on regulations promulgated 
     by the Secretary, that such requirement would be a financial 
     burden for such institution.
       ``(h) Limitation on Administrative Expenses.--An eligible 
     institution that receives a grant under this part may use not 
     more than 2 percent of the grant funds for purposes of 
     administering the grant.
       ``(i) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out this part.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part--
       ``(1) $10,000,000 for fiscal year 2004; and
       ``(2) such sums as may be necessary for each of the 5 
     succeeding fiscal years.''.
       (2) Transition.--The Secretary of Education shall take such 
     actions as the Secretary determines to be appropriate to 
     provide for the orderly implementation of this subsection.
                                  ____



 The Capacity to Learn for All Students and Schools (CLASS) Act of 2004

       Senator Bingaman's CLASS Act is designed to strengthen the 
     Teacher Quality Enhancement Grants program of the Higher

[[Page 7364]]

     Education Act by expanding the capacity of teachers and 
     schools to offer all students the quality of instruction they 
     need and deserve.
       What will the CLASS Act accomplish? This capacity-enhancing 
     act will:
       Ensure that all teachers are highly qualified, have strong 
     teaching skills, understand scientifically based research and 
     its applicability, and can use technology effectively in the 
     classroom.
       Empower teachers and schools to provide access for all 
     students to a high-quality general education curriculum, 
     including students with disabilities and limited-English 
     proficiency.
       Better prepare students for postsecondary education and a 
     competitive workforce.
       Enhance the ability of schools, districts, and states to 
     collect, analyze, and utilize data to improve schools and 
     programs and to fulfill the requirements of No Child Left 
     Behind and the Higher Education Act.
       How will the CLASS Act accomplish these goals? The CLASS 
     Act provides the following capacity-building resources:
       Data systems designed to improve public education, 
     including enhancing teacher preparation programs. State 
     educational agencies can apply for new Data Systems Grants 
     that enable them to develop data systems that have the 
     capacity to integrate and coordinate individual student data 
     from educational and employment settings; to conduct analyses 
     necessary for evaluating programs and policies and 
     identifying best practices; and to facilitate alignment among 
     schools, institutions of higher education, and employment 
     settings.
       Academic Teaching Centers that feature a model teaching 
     laboratory: a setting for the integration of education and 
     training, research, and evidence-based practice for teacher 
     candidates, university professors, and master teachers.
       A Professional Development Program that encourages 
     innovation by allowing states to pursue alignment with 
     National Board for Professional Teaching Standards, a tiered 
     licensure system, multiple career paths, and opportunities 
     for professional growth.
       A Rural Education Recruitment and Retention Program 
     designed to address the needs of rural districts by funding a 
     range of recruitment strategies, such as tuition and housing 
     assistance, and retention strategies, such as mentoring 
     programs and professional development.
       Centers of Excellence that will increase minority teacher 
     recruitment, development, and retention.
       Rigorous standards for teacher certification or licensure 
     to ensure that all prospective teachers meet the same high 
     state standards.
       Strengthened accountability through improved assessment 
     procedures for teacher certification or licensure that are 
     valid and reliable, are aligned with reporting requirements, 
     and allow for accurate and consisting reporting.
       A state-level needs assessment to identify areas of 
     greatest need and to ensure the effective use of federal 
     funds.
                                 ______
                                 
      By Mr. CORZINE (for himself, Mr. Lautenberg, and Mr. Durbin):
  S. 2341. A bill to amend the Health Care Quality Improvement Act of 
1986 to expand the National Practitioner Data Bank; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. CORZINE. Mr. President, I rise today to introduce legislation, 
the Safe Healthcare Reporting (SHARE) Act, which Senator Lautenberg and 
I have developed to add nurses and other licensed health care 
professionals to the National Practitioner Databank.
  In 1986, Congress passed legislation that established a national 
databank, the National Practitioner Databank (NPDB), to track 
licensing, disciplinary, and medical malpractice actions taken against 
U.S. physicians. While the NPDB has served as an important source of 
information on physicians, it fails to incorporate critical information 
on millions of non-physician licensed health care professionals, 
including nurses.
  The recent case of Charles Cullen, a New Jersey nurse who has claimed 
responsibility for as many as 40 murders carried out at multiple 
hospitals in New Jersey and Pennsylvania over the last decade, has 
highlighted the need for a national reporting system on nurses and 
other licensed health professionals. As the health care workforce 
becomes increasingly mobile, such a system would be an invaluable 
resource to health care employers seeking information on potential 
employees.
  The SHARE Act will help break the chain of silence currently plaguing 
our health care system. This chain of silence prevented critical 
employment history on Cullen--including five firings and at least one 
suspension--from ever reaching his future employers. While Charles 
Cullen kept killing people, hospitals kept hiring him. They didn't know 
his history. They didn't understand the risk he posed to patients. This 
is because hospitals and other employers are reluctant to share 
employee information because they are afraid of being sued.
  The goal of our legislation is to make sure that hospitals know--to 
make sure that employers have access to critical information on health 
care practitioners. It will ensure that adverse employment actions, 
licensing and disciplinary actions, and criminal background information 
are available to all health care employers. The SHARE Act mandates that 
hospitals and other health care entities report adverse employment 
actions taken against employees who violate professional standards of 
conduct. This would include things like drug diversion and 
falsification of documents.
  Importantly, the legislation protects health care employers from suit 
when they, in good faith, report information that they believe is 
truthful. Any employer who reports false information in an effort to 
smear a nurse's record would receive no protection under our bill. In 
fact, anyone who abused the information reported to the databank would 
be fined by the Federal Government.
  Health care employers, such as hospitals and nursing homes, would be 
required to report to the National Practitioner Databank, which 
currently provides such information on physicians. They would also be 
required to report to the appropriate state licensing board. In turn 
the State licensing board would report the results of its 
investigations and licensing or disciplinary actions to the databank. 
The legislation also encourages nurses and other health care 
professionals to report suspected activities to state boards by 
providing whistleblower protections to those individuals.
  The SHARE Act also ensures that a practitioner who is subject to 
reporting is informed of the report, offered a hearing on the issue, 
and allowed to comment on the report.
  I believe that this legislation is a critical first step toward 
improving access to important information on our health care workforce. 
Since 1986, the Federal Government has required hospitals to report 
employment information on physicians. It's time we include nurses and 
other health care professionals that provide direct patient care. In 
fact, the average nurse spends more time at a patient's bedside than 
the patient's physician. We simply must ensure that the person at the 
bedside is competent and professional.
  I look forward to working with my colleagues on both sides of the 
aisle to move this bill through Congress and get it to the President's 
desk. We must and we can improve patient safety and the integrity of 
our health care system. This bill takes an important step toward that 
goal.
  Mr. LAUTENBERG. Mr. President, I rise to join my colleague, Senator 
Corzine, in introducing the Safe Healthcare Reporting (SHARE) Act.
  The first rule of the medical profession is ``do no harm.'' 
Unfortunately, Charles Cullen spent his career doing harm to people in 
New Jersey and Pennsylvania.
  The overwhelming majority of nurses are excellent practitioners of 
medicine who save countless lives every day. Nurse Cullen is the 
exception--not the rule--he was a bad apple of the worst kind.
  As many as 40 people died as a result of Charles Cullen's actions. He 
did it at different hospitals in different States. But no one put the 
pieces of the puzzle together for decades.
  That is why the legislation Senator Corzine and I are introducing is 
so important. This legislation adds nurses to the centralized, national 
data bank of medical errors and misconduct. Our bill will require 
hospitals to notify state nursing boards--and the national data bank--
if they launch an investigation into an employee--something Senator 
Corzine and I believe is badly needed. The bill also requires hospitals 
to reference the national database

[[Page 7365]]

when hiring nurses and other licensed health care professinals.
  We must prevent more people like Charles Cullen from becoming nurses 
in the future. The vast majority of nurses out there are dedicated 
professionals, but we need a way to track and monitor the few who are 
using the profession as a means to commit terrible crimes. It makes no 
sense to allow a medical professional to go from job to job, leaving 
under suspicious circumstances, with virtually no means of detection.
  Cullen's ability to perpetrate such despicable acts against patients 
highlights serious flaws in our current system. The system let this man 
slip through the cracks and continue to work as a professional 
healthcare provider even as investigations of his killings at previous 
employers were being launched. This is appalling.
  Patient safety must always be at the forefront. Our bill will close 
the holes in this system and make it harder for people like Charles 
Cullen to commit such horrific crimes in the future.
  I look forward to working in a bi-partisan fashion to further this 
important legislation.
                                 ______
                                 
      By Mr. WARNER:
  S. 2342. A bill to designate additional National Forest System lands 
in the State of Virginia as wilderness, to establish the Seng Mountain 
and Crawfish Valley Scenic Areas, to provide for the development of 
trail plans for the wilderness areas and scenic areas, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. WARNER. Mr. President, I rise today to introduce an important 
piece of legislation for my State, the Virginia Ridge and Valley 
Wilderness and National Scenic Areas Act of 2004. This bill will add 
four new wilderness areas, five additions to existing wilderness areas, 
and two National Scenic Areas to the Jefferson National Forest. 
Congressman Rick Boucher is introducing companion legislation in the 
United States House of Representatives.
  It is no coincidence that I introduce this legislation on Earth Day, 
a time when we can reflect on our natural world and the obligations we 
have to protect the earth which provides so richly for us. Throughout 
my career in the United States Senate, I have strived to preserve 
Virginia's natural resources and heritage through the designation of 
wilderness areas. In fact, I have worked to pass three wilderness bills 
through Congress. I stood here not four years ago and introduced a bill 
that added two exceptional areas in the George Washington National 
Forest to the wilderness system. With the help of many, that 
legislation is now law, and Virginia has approximately 100,434 acres of 
designated wilderness lands.
  However, there is still work to be done. Within the Jefferson 
National Forest, designated wilderness areas total only 7 percent of 
the total forest acreage. The enactment of this legislation will 
substantially increase our opportunities for uninterrupted enjoyment in 
the forest with the addition of nearly 29,000 acres of new wilderness 
areas and almost 12,000 acres of national scenic areas.
  Virginia is blessed with great beauty and natural diversity. From the 
complex ecosystem of the Chesapeake Bay, to the exquisite vistas, 
streams, vegetation, and wildlife of the Shenandoah Mountains, 
residents and visitors alike can enjoy a bountiful array of natural 
treasures. As demand for development in Virginia increases, it becomes 
incumbent upon Congress to act expeditiously to protect these wild 
lands. Through wilderness and national scenic area designations, we can 
ensure that these areas retain their primeval character and influences.
  I consider myself an avid outdoorsman, and I enjoy opportunities for 
recreation. I want to stress the many activities that will continue to 
occur in these wilderness areas, including: hunting, fishing, hiking, 
camping, canoeing, and horseback riding, to name a few. In addition, 
the Wilderness Act is flexible and provides for reasonable local forest 
management and emergency services in wilderness areas, such as the use 
of motorized equipment and aircraft for search and rescue operations; 
or to combat fire, insects and disease.
  I am particularly pleased to include in the legislation an 
authorization for the establishment of a non-motorized trail between 
County Route 650 and Forest Development Road 4018 outside of the new 
Raccoon Branch Wilderness area. This trail will follow the historic Rye 
Valley Railroad Grade and will be a popular route for mountain bikers, 
equestrians and hikers. In addition, this bill directs the Forest 
Service to develop trail plans for the wilderness and national scenic 
areas.
  As a father and a grandfather, I feel a weighty obligation to ensure 
that our children have lasting opportunities to enjoy Virginia's 
immense natural beauty and diversity. This legislation is a crucial 
step in our quest to preserve these lovely areas for the enjoyment and 
use of future generations.
                                 ______
                                 
      By Mr. CONRAD (for himself and Mrs. Lincoln):
  S. 2343. A bill to amend title XVIII of the Social Security Act to 
improve the medicare program, and for other purposes; to the Committee 
on Finance.
  Mr. CONRAD. Mr. President, today, I am being joined by Senator 
Blanche Lincoln in introducing the Medicare Prescription Drug 
Improvement Act (MEND) of 2004, which aims to make various improvements 
to the recently enacted Medicare Prescription Drug, Modernization, and 
Improvement Act of 2003 (H.R. 1).
  I said when we passed H.R. 1 that we could do better for seniors and 
that I would keep pushing to improve the Medicare drug bill. This bill 
is an important first step in that effort. It provides a better, more 
stable prescription drug benefit and lowers the costs of drugs for 
seniors. It also removes the giveaways to health plans and it will 
reduce the deficit. In short, this bill is a win for seniors, a win for 
good government, and a win for taxpayers.
  I supported the new Medicare law, but this was not an easy decision. 
While this legislation takes important steps to add a drug benefit to 
the Medicare program and makes needed provider payment reforms, this 
legislation has many flaws that must be addressed. The legislation I am 
unveiling today takes steps in this direction.
  Before I describe this new effort, I'd first like to highlight why I 
believe supporting the Medicare bill was the right decision, 
particularly for Medicare beneficiaries in my home State of North 
Dakota.
  The first--and most basic--reason I supported this legislation is 
because it takes critical steps to add a drug benefit to the Medicare 
program. This benefit will provide America's seniors--for the first 
time--the opportunity to receive help with their medication costs. If 
seniors are satisfied with their current health care coverage, they do 
not have to sign up for this new benefit. But if they need extra help 
covering their prescription costs, the new Medicare drug benefit offers 
an important coverage option.
  The second major reason I supported this legislation is because it 
provides a very generous benefit for lower-income seniors with incomes 
below 150 percent of the Federal poverty. Under the legislation, about 
40 percent of seniors in North Dakota will get the vast majority of 
their drugs covered, with minimal out-of-pocket costs. This extra 
assistance will make a critical difference to lower-income seniors in 
my State, many of whom have told me that they are often faced with the 
choice of paying for their medicines or paying for food, rent and other 
living costs. In my view, this is a choice that no senior citizen 
should be forced to make. The legislation we passed took important 
steps to address this problem.
  In addition, the Medicare drug benefit will provide substantial 
assistance to those with catastrophic drug costs. Specifically, after a 
beneficiary spends $3,600 out-of-pocket, Medicare will pick up 95 
percent of the cost. This catastrophic coverage is an important 
component of the bill, which we estimate will help nearly 11 percent of 
North Dakota seniors better afford high-cost medications.
  As we move forward on implementing this new benefit, it is my strong 
hope that it will improve health care coverage for the millions of 
seniors across

[[Page 7366]]

the Nation who are struggling to afford life-saving and life-enhancing 
medications.
  Finally, another major reason that I supported the Medicare bill is 
that it includes a whole host of rural provider payment reforms that I 
authored along with Senator Craig Thomas from Wyoming and 
Representative Earl Pomeroy from my State of North Dakota. These 
measures take important steps to address payment disparities that were 
causing rural health care providers to receive significantly less 
reimbursement than their urban counterparts. Over the next 10 years, 
these payment changes will improve funding to the rural health care 
system by more than $20 billion. It is my hope that these important 
provisions will help ensure health care providers can continue offering 
quality and affordable health care services to rural communities in my 
State and across the Nation.
  Those are positive aspects of the recently enacted Medicare 
legislation. But, as I said when we passed it, the bill also had a 
number of significant flaws. The bill I am introducing today addresses 
these flaws and makes some important improvements to the new Medicare 
law.
  To be clear, my new legislation does not include every change I would 
like to make to the Medicare law. To do that, we would need to spend 
hundreds of billions of dollars. Given the Federal budget deficit we 
are facing, this is simply not possible.
  But it is possible to make some common-sense improvements to the 
bill. And that is what my legislation does. Let me describe it in 
further detail.
  The first area of my bill will include new measures to reduce the 
costs of prescription drugs. We know that drug costs have skyrocketed 
over the last few years. This is a real problem for seniors and others 
across the Nation who are having increasing trouble affording their 
medications.
  It is also a problem for the Medicare program, which will face 
increasing cost pressures when we add the new drug benefit. Given this 
situation, we must take steps to reduce and control drug costs. My 
legislation would do that in two ways.
  First, it would allow pharmacists and licensed wholesalers to 
reimport less expensive drugs from Canada. The Medicare bill gives the 
Department of Health and Human Services authority to allow this 
reimportation, but it put roadblocks in place that will effectively 
ensure reimportation never happens.
  My bill would remove these roadblocks and allow reimportation to 
begin immediately. If at any time a reimported drug is found to be 
unsafe, the Secretary would have authority to immediately suspend 
reimportation of this product.
  The second thing my bill would do to reduce costs is to allow the 
Secretary of HHS to negotiate with drug companies to lower the costs of 
medications in the new drug benefit.
  As my colleagues know, the Medicare law specifically prohibits the 
Secretary from directly negotiating with pharmaceutical companies to 
lower drug prices. We know that allowing the government to negotiate in 
other programs, like the VA, has significantly lowered costs. There's 
no reason we shouldn't also allow it in the new Medicare drug benefit.
  In addition to taking steps to reduce drug costs, my legislation also 
includes measures to improve the stability of the Medicare drug 
benefit.
  Under the new Medicare benefit, I am concerned that seniors may face 
different drug costs, different drug formularies, and different 
approved pharmacies as they switch from plan-to-plan every year. If we 
know anything, we know that seniors want certainty.
  One way to fix this is to allow seniors to stay in the drug plan of 
their choice for more than 1 year--even if it is a ``government 
fallback plan.'' My legislation includes this change.
  Another shortfall of the new Medicare law is that it prohibits 
seniors from purchasing supplemental insurance to assist with costs not 
covered by the new benefit. My legislation would lift this restriction 
and give seniors another choice for covering their medication costs.
  Beyond that, my legislation also includes new measures to ensure 
seniors retain access to the local pharmacy of their choice. In many 
communities, the local pharmacist is the most accessible source of 
health care services. Given this, my bill contains measures to protect 
local pharmacy services.
  Specifically, it would require that the Medicare program allow 
seniors to go to their local pharmacy to get their prescriptions 
filled, rather than forcing them to receive their drugs by mail-order 
or forcing them to go to a pharmacy in a nursing home or hospital that 
may not be as accessible. My hope is that this provision would ensure 
that seniors can continue to visit their local pharmacist.
  My legislation would also authorize $500 million that could be used 
to help pharmacists cover the costs of educating seniors about the new 
drug plan choices. This funding would provide pharmacists a one-time 
payment for providing information to seniors as they enroll in the new 
benefit.
  My bill also includes other measures to provide seniors with better 
information about the new drug benefit. Specifically, it would require 
drug plans to provide seniors with detailed information about what 
drugs will be covered--before the seniors signs up. It also would 
require that plans inform seniors of any changes to these covered 
drugs--either through the telephone, by mail or on the Internet.
  My legislation would also take other steps to protect seniors by 
repealing the premium support demonstration project that is set to 
begin in 2010. Although seniors will be able to choose whether they 
want to enter private plans under this demonstration, I believe it is a 
step in the wrong direction toward privatizing the program and could 
drive up premiums for those in fee-for-service. Given this, my bill 
will repeal this privatization demonstration.
  Finally, my bill includes additional measures that will help reduce 
spending and protect the financial integrity of the Medicare program.
  In particular, the legislation will include measures to expand the 
chronic care management demonstration project in the Medicare law.
  Today, roughly 5 percent of seniors account for about 50 percent of 
the entire Medicare budget. The Medicare law will test providing 
coordinated care to these beneficiaries, which many believe will help 
improve quality of care and reduce costs. My legislation will build on 
this effort by providing additional resources to expand chronic care 
management to more areas of the country. I believe this will save money 
for Medicare and improve health outcomes for these seniors.
  Finally, my new legislation will eliminate provisions in the Medicare 
law that provide unfair, extra payments to private plans. Specifically, 
it will repeal a new $8.9 billion taxpayer subsidy to bring more 
private plans into the market. It will also address inequities that 
currently allow HMOs to receive significantly higher payments than 
traditional Medicare--for serving the exact same patient. These 
policies are simply a waste of money.
  According to unofficial estimates by the Congressional Budget Office, 
eliminating these private plan overpayments could result in significant 
cost savings. Under my plan, these cost savings would be used to reduce 
the Federal budget deficit, which has reached record levels this year.
  This is a basic overview of the provisions that will be included in 
my new legislation--the Medicare Prescription Drug Improvement Act (the 
MEND Act).
  I believe this legislation will take significant steps toward 
improving the new Medicare law. I would like to thank Senator Lincoln 
for joining me in this effort and I look forward to working with my 
colleagues on this important legislation.
                                 ______
                                 
      By Mrs. BOXER:
  S. 2344. A bill to permit States to require insurance companies to 
disclosure insurance information; to the Committee on the Judiciary.

[[Page 7367]]


  Mrs. BOXER. Mr. President, today I am introducing the Armenian 
Victims Insurance Fairness Act. This bill is the Senate companion to 
legislation introduced by Congressman Adam Schiff, my good friend and 
colleague from the 29th District of California.
  This legislation authorizes states to enact laws that require 
insurance companies to disclose and make public information about any 
policy issued in areas controlled by the Ottoman Empire between 1875 
and 1923.
  This week marks the 89th anniversary of the Armenian Genocide. 
Between 1915 and 1923, the Ottoman Empire conducted the first Genocide 
of the 20th Century, killing an estimated 1.5 million Armenians and 
displacing thousands more. The campaign was so devastating that at the 
beginning of World War I, there were 2.1 million Armenians living in 
the Ottoman Empire. Following the Genocide, fewer than 100,000 
Armenians remained.
  This legislation is important because survivors and descendants of 
the Armenian Genocide are still trying to recoup the benefits owed to 
them under the tens of thousands of insurance policies that were issued 
prior to the Genocide. According to a news report, one Californian has 
been attempting to collect on an insurance policy for 40 years, but has 
been stonewalled by the company that issued the policy.
  Insurance policy documents were often destroyed during the Genocide, 
and death certificates were not issued to those Armenians who lost 
their lives. Therefore, survivors and descendants can only rely on the 
documents held by insurance companies as proof that they are owed 
benefits. Unfortunately, we have seen little cooperation from insurance 
companies on disclosing these documents and opening up their records.
  This bill closely follows legislation that would help Jewish 
Holocaust survivors. Last year, the Supreme Court ruled that a 
California state law requiring the disclosure of insurance information 
related to Holocaust-era policies was unconstitutional--in part because 
of the Federal Government's responsibility to make foreign policy. I 
support pending legislation to allow States to pass laws requiring the 
disclosure of Holocaust-era policies.
  My bill is designed to ensure that state laws to force insurance 
companies to disclose insurance information on policies related to the 
Armenian Genocide do not run into similar legal challenges.
  It is an injustice to the memories of those slain during the Armenian 
Genocide that insurance companies have not paid the benefits owed to 
the survivors and victims of this tragic chapter of history. This 
legislation will help survivors and their families pursue these claims.
  I urge my colleagues to support the Armenian Victims Insurance 
Fairness Act.
                                 ______
                                 
      By Mr. DODD:
  S. 2345. A bill to improve the No Child Left Behind Act of 2001, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. DODD. Mr. President, I come to the floor of the Senate today to 
introduce legislation, ``The No Child Left Behind Reform Act.'' This 
legislation makes three basic changes to the No Child Left Behind Act 
which was signed into law in January of 2002.
  The No Child Left Behind Act received the support of this Senator and 
86 of our colleagues. Like most, if not all, of our colleagues who 
supported this bill, I supported it because I care about improving the 
quality of education in America for all of our children. I believed 
that this law would help to achieve that goal by establishing more 
rigorous standards for measuring student achievement, by helping 
teachers do a better job of instructing students, and last but not 
least, by providing the resources desperately needed by our schools for 
even the most basic necessities to help put the reforms we passed into 
place.
  Regrettably, the high hopes that I and many others had for this law 
have not been realized. The law is being implemented by the 
Administration in a manner that is inflexible, unreasonable and 
unhelpful to students. Furthermore, the law is not only failing to help 
teachers do their best in the classroom, it reflects, along with other 
Administration policies and pronouncements, a neglect and even 
hostility towards members of the teaching profession.
  Worse still, the Administration's promise of sufficient resources to 
implement No Child Left Behind's much needed reforms is a promise that 
has yet to be kept. Indeed, the current budget proposed by the Bush 
Administration underfunds No Child Left Behind by $9.4 billion. Since 
passage slightly over 2 years ago, the law has been funded at a level 
that is more than $26 billion below what was promised when the 
President signed the Act into law.
  As a result of the failures of the current Administration to fulfill 
its commitment to our nation's school children under this law, those 
children and their teachers are today shouldering new and noteworthy 
hardships. Throughout the State of Connecticut, for example, students, 
teachers, administrators and parents are struggling to implement 
requirements that are often confusing, inflexible and unrealistic. And 
they are struggling to do so without the additional resources they were 
promised to put them into place.
  As I have said on numerous occasions in the past, resources without 
reforms are a waste of money. By the same token, reforms without 
resources are a false promise--a false promise that has left students 
and their teachers grappling with new burdens and little help to bear 
them.
  The legislation I am introducing today proposed to make three changes 
to the No Child Left Behind Act. These changes will ease current 
burdens on our students, our teachers and our administrators without 
dismantling the fundamental underpinnings of the law.
  First, the No Child Left Behind Reform Act will allow schools to be 
given credit for performing well on measures other than test scores 
when calculating student achievement. Test scores are an important 
measure of student knowledge. However, they are not the only measure. 
There are others as well. These include dropout rates, the number of 
students who participate in advanced placement courses, and measures of 
individual student improvement over time. Unfortunately, current law 
does not allow schools to use these additional measures in a 
constructive manner. Additional measures can only be used as a measure 
of how a school is failing, not how a school is succeeding. This 
legislation will allow schools to earn credit for succeeding.
  Second, the No Child Left Behind Reform Act will allow schools to 
target school choice and supplemental services to the students that 
actually demonstrate a need for them. As the current law is being 
implemented by the Administration, if a school is in need of 
improvement it is expected to offer school choice and supplemental 
services to all students--even if not all students have demonstrated a 
need for them. That strikes me as a wasteful and imprecise way to help 
a school improve student performance. For that reason, this legislation 
will allow schools to target resources to the students that actually 
demonstrate that they need them. Clearly, this is the most efficient 
way to maximize their effect.
  Finally, the No Child Left Behind Reform Act introduces a greater 
degree of reasonableness to the teacher certification process. As it is 
being implemented, the law requires teachers to be ``highly qualified'' 
to teach every subject that they teach. Certainly none of us disagree 
with this policy as a matter of principle. But as a matter of practice, 
it is causing confusion and hardship for teachers, particularly 
secondary teachers and teachers in small school districts. For example, 
as the law is being implemented by the Administration, a high school 
science teacher could be required to hold degrees in biology, physics 
and chemistry to be considered highly qualified. In small schools where 
there may be only one 7th or 8th grade teacher teaching all subjects, 
these teachers could similarly be required to hold degrees in every 
subject area.

[[Page 7368]]

  Such requirements are unreasonable at a time when teachers are 
increasingly hard to find. The legislation I introduce today will allow 
States to create a single assessment to cover multiple subjects for 
middle grade level teachers and allow states to issue a broad 
certification for science and social studies.
  In my view, these changes will provide significant assistance to 
schools in Connecticut and other states currently struggling to comply 
with the No Child Left Behind law. I would hope that our colleagues 
would look with some favor on it.
  Of equal if not greater importance is the urgent need to provide our 
schools with the additional resources they need to help our children 
learn. Obviously, funding this law is beyond the scope of this bill. I 
would note, however, that efforts to increase education funding to 
authorized levels have thus far been unsuccessful.
  Earlier this year, I supported Senator Murray's amendment to fully 
fund No Child Left Behind by increasing the budget allocation by $8.6 
billion. Unfortunately, Senator Murray's amendment was defeated purely 
on party lines. Clearly, funding for No Child Left Behind is not at the 
top of the Majority's priority list. I will continue to work to change 
this outcome. Clearly, our children deserve the resources needed to 
make their dreams for a better education a reality.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2345

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``No Child Left Behind Reform 
     Act''.

     SEC. 2. ADEQUATE YEARLY PROGRESS.

       (a) Definition of Adequate Yearly Progress.--Section 
     1111(b)(2) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311(b)(2)) is amended--
       (1) in subparagraph (C)(vii)--
       (A) by striking ``such as'';
       (B) by inserting ``such as measures of individual or cohort 
     growth over time based on the academic assessments 
     implemented in accordance with paragraph (3),'' after 
     ``described in clause (v),''; and
       (C) by striking ``attendance rates,''; and
       (2) in subparagraph (D)--
       (A) by striking clause (ii);
       (B) by striking ``the State'' and all that follows through 
     ``ensure'' and inserting ``the State shall ensure''; and
       (C) by striking ``; and'' and inserting a period.
       (b) Academic Assessment and Local Educational Agency and 
     School Improvement.--Section 1116(a)(1)(B) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6316(a)(1)(B)) 
     is amended by striking ``, except that'' and all that follows 
     through ``action or restructuring''.

     SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF 
                   AYP.

       Part A of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR 
                   PURPOSES OF AYP.

       ``(a) Grant Authority.--The Secretary may award grants, on 
     a competitive basis, to State educational agencies to enable 
     the State educational agencies to develop or increase the 
     capacity of data systems for accountability purposes and 
     award subgrants to increase the capacity of local educational 
     agencies to upgrade, create, or manage information databases 
     for the purpose of measuring adequate yearly progress.
       ``(b) Priority.--In awarding grants under this section the 
     Secretary shall give priority to State educational agencies 
     that have created, or are in the process of creating, a 
     growth model or proficiency index as part of their adequate 
     yearly progress determination.
       ``(c) State Use of Funds.--Each State that receives a grant 
     under this section shall use--
       ``(1) not more than 20 percent of the grant funds for the 
     purpose of increasing the capacity of, or creating, State 
     databases to collect information related to adequate yearly 
     progress; and
       ``(2) not less than 80 percent of the grant funds to award 
     subgrants to local educational agencies within the State to 
     enable the local educational agencies to carry out the 
     authorized activities described in subsection (d).
       ``(d) Authorized Activities.--Each local educational agency 
     that receives a subgrant under this section shall use the 
     subgrant funds to increase the capacity of the local 
     educational agencies to upgrade databases or create unique 
     student identifiers for the purpose of measuring adequate 
     yearly progress, by--
       ``(1) purchasing database software or hardware;
       ``(2) hiring additional staff for the purpose of managing 
     such data;
       ``(3) providing professional development or additional 
     training for such staff; and
       ``(4) providing professional development or training for 
     principals and teachers on how to effectively use such data 
     to implement instructional strategies to improve student 
     achievement.
       ``(e) State Application.--Each State educational agency 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(f) LEA Application.--Each local educational agency 
     desiring a subgrant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing such information as the State 
     educational agency may require. Each such application shall 
     include, at a minimum, a demonstration of the local 
     educational agency's ability to put such a database in place.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part 
     $80,000,000 for each of fiscal years 2005, 2006, and 2007.''

     SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES.

       (a) Targeting Transfer Options and Supplemental Services.--
     Section 1116 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6316) is amended--
       (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and 
     (8)(A)(i) of subsection (b), by striking the term ``all 
     students enrolled in the school'' each place such term 
     appears and inserting ``all students enrolled in the school, 
     who are members of a group described in section 
     1111(b)(2)(C)(v) that fails to make adequate yearly progress 
     as defined in the State's plan under section 1111(b)(2),'';
       (2) in subsection (b)(1), by adding at the end the 
     following:
       ``(G) Maintenance of least restrictive environment.--A 
     student who is eligible to receive services under the 
     Individuals with Disabilities Education Act and who uses the 
     option to transfer under subparagraph (E), paragraph (5)(A), 
     (7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii), shall 
     be placed and served in the least restrictive environment 
     appropriate, in accordance with the Individuals with 
     Disabilities Education Act.'';
       (3) in clause (vii) of subsection (c)(10)(C), by inserting 
     ``, who are members of a group described in section 
     1111(b)(2)(C)(v) that fails to make adequate yearly progress 
     as defined in the State's plan under section 1111(b)(2),'' 
     after ``Authorizing students''; and
       (4) in subparagraph (A) of subsection (e)(12), by inserting 
     ``, who is a member of a group described in section 
     1111(b)(2)(C)(v) that fails to make adequate yearly progress 
     as defined in the State's plan under section 1111(b)(2)'' 
     after ``under section 1113(c)(1)''.
       (b) Student Already Transferred.--A student who transfers 
     to another public school pursuant to section 1116(b) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6316(b)) before the effective date of this section and the 
     amendments made by this section, may continue enrollment in 
     such public school after the effective date of this section 
     and the amendments made by this section.
       (c) Effective Date.--This section and the amendments made 
     by this section shall be effective for each fiscal year for 
     which the amount appropriated to carry out title I of the 
     Elementary and Secondary Education Act of 1965 for the fiscal 
     year, is less than the amount authorized to be appropriated 
     to carry out such title for the fiscal year.

     SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS.

       Section 9101(23)(B)(ii) of the Elementary and Secondary Act 
     of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended--
       (1) in subclause (I), by striking ``or'' after the 
     semicolon;
       (2) in subclause (II), by striking ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:

       ``(III) in the case of a middle school teacher, passing a 
     State approved middle school generalist exam when the teacher 
     receives the teacher's license to teach middle school in the 
     State;
       ``(IV) obtaining a State social studies certificate that 
     qualifies the teacher to teach history, geography, economics, 
     and civics in middle or secondary schools, respectively, in 
     the State; or
       ``(V) obtaining a State science certificate that qualifies 
     the teacher to teach earth science, biology, chemistry, and 
     physics in middle or secondary schools, respectively, in the 
     State; and''.

                          ____________________